EPA v. SOUTH DAYTON DUMP AND LANDFILL UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THIS ORDER REQUIRES DAYTON POWER AND LIGHT TO GRANT EPA AND ITS AUTHORIZED REPRESENTATIVES ENTRY AND ACCESS TO THE PROPERTY LOCATED IN MORAINE, OHIO IN MONTGOMERY COUNTY (ACROSS THE STREET FROM, AND ABOUT 100 FEET EAST OF THE SOUTH DAYTON DUMP AND LANDFILL SITE) FOR THE PURPOSE OF DETERMINING THE NEED FOR, OR SELECTION OF, A RESPONSE TO A RELEASE OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE, POLLUTANT OR CONTAMINANT, OR OTHERWISE ENFORCING THE PROVISIONS OF CERCLA, AT THE SOUTH DAYTON DUMP AND LANDFILL SITE. ACCESS FOR THE ABOVE PURPOSE INCLUDES ACTIVITIES RELATED TO A GROUNDWATER INVESTIGATION AND THE INSTALLATION, MAINTENANCE, AND USE OF PERMANENT MONITORING WELLS AT THE PROPERTY. THIS ORDER FURTHER REQUIRES RESPONDENT, AND/OR EMPLOYEES, AGENTS OR REPRESENTATIVES OF RESPONDENT, TO REFRAIN FROM INTERFERING WITH ACCESS TO THE PROPERTY BY EPA AND ITS AUTHORIZED REPRESENTATIVES FOR THE PURPOSES SET FORTH HEREIN.

Defendants (1)

• Dayton Power and LightNamed in settlement

Facilities (1)

• SOUTH DAYTON DUMP & LANDFILL

  1976 SPRINGBORO ROAD, MORAINE, OH, 45439

  Registry ID: 110009304804

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (1)

• SOUTH DAYTON DUMP AND LANDFILL UNILATERAL ADMIN ORDER (CERCLA)entered 2009-08-25

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-08-25Final Order Issued
• 2009-09-30Enforcement Action Data Entered