EPA v. ALLIED PAPER, INC./PORTAGE CREEK/KALAMAZOO RIVER CONSENT DECREE OU 2-WILLOW BOULEVARD (CERCLA)

Case summary

On Monday, May 18, 2009, the United States lodged with the U.S. District Court for the Western District of Michigan a proposed Consent Decree in U.S. v. Georgia Pacific, LLC for design and implementation of certain response actions at two former disposal areas, known collectively as the Willow Boulevard/A-Site Landfill, in Kalamazoo, MI. The Willow Boulevard/A-Site Landfill was formerly used for the disposal of waste paper residuals generated during the production of paper and paper products at the Georgia Pacific Kalamazoo Mill and the Allied Paper King Mill. This operable unit of the superfund site is located immediately adjacent to the Kalamazoo River and the wastes are contaminated primarily with PCBs. EPA issued the Record of Decision for this operable unit on September 26, 2006. Under the proposed Consent Decree, Georgia Pacific (GP) will perform remedial work including: the design and installation of a permanent geotextile landfill cap over a 32-acre, PCB-contaminated area; the design and installation of a groundwater monitoring system; and the implementation of long-term erosion control measures. Additionally, Georgia-Pacific will restore the wetland and woodland areas and create shoreline habitat areas along the Kalamazoo River at the Willow Boulevard/A-Site Landfill. The agreed upon work is estimated at $12.7 million. Landfill design work will begin immediately following a comment period and court approval. On-site construction work is expected to begin by 2011. GP has also agreed to pay the United States a total of $225,509.91 in past response costs and additional unknown future costs incurred by EPA at this operable unit.

Defendants (1)

• GEORGIA PACIFIC CORPNamed in complaintNamed in settlement

Facilities (1)

• ALLIED PAPER, INC./PORTAGE CREEK/KALAMAZOO RIVER

  320 EAST ALCOTT STREET, KALAMAZOO, MI, 49003

  Registry ID: 110064311294

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ALLIED PAPER, INC./PORTAGE CREEK/KALAMAZOO RIVER CONSENT DECREE OU 2-WILLOW BOULEVARD (CERCLA)entered 2009-09-30

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-03-27Enforcement Action Data Entered
• 2009-04-21Referred To Dept Of Justice
• 2009-05-13Complaint Filed With Court
• 2009-05-18Final Order Lodged
• 2009-09-30Final Order Entered