EPA v. TITTABAWASSEE RIVER, SAGINAW RIVER & BAY ADMIN ORDER ON CONSENT (CERCLA)

Case summary

On May 26, 2011, the United States Environmental Protection Agency (“EPA”) and The Dow Chemical Company (“Dow”) entered into an Administrative Settlement Agreement and Order on Consent (“AOC”) under the authority of Sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9604, 9606(a), 9607 and 9622, as amended (“CERCLA”). The Administrative Settlement Agreement and Order provide for a CERCLA non-time critical removal action to put into place interim exposure control measures (“Controls”) to address dioxin contaminated soils at the Site. For the purposes of the AOC, the Site means those residential-use properties along the Tittabawassee River with floodplain soils potentially contaminated with dioxin that lie within Exposure Units (“EUs”) that are located within the Tittabawassee River, Saginaw River & Bay site, Michigan and that fall within the eligibility criteria defined in the engineering evaluation and cost analysis (“EE/CA”) and the Action Memorandum for the Site. The EE/CA and the Action Memorandum establish the following eligibility criteria for properties or portions of properties to fall within the Site definition: (a) The property or portion of property is located within or is proximal to frequently flooded areas (generally the 8-year floodplain), or relocated soil from frequently flooded areas is present on the property; (b) there is active use of the property within the frequently flooded area(s) (determined through resident interview(s), a walk over inspection of the property, and the completion of a property assessment questionnaire); and (c) bare soil is present in the frequently flooded area(s) (identified during property assessment on-site survey. The Controls may include: Control barriers of gravel, stone, wood chips or soil may be placed over exposed soils, paths, and walkways; fire pits and recreational areas may be relocated out of the Site or a control barrier shall be placed over exposed soils around these areas; and garden beds may be relocated out of the Site or may be raised to limit flooding. The Administrative Settlement Agreement and Order also provides for reimbursement of EPA’s response costs related to overseeing the work.

Defendants (1)

• DOW CHEMICAL COMPANYNamed in settlement

Facilities (1)

• TITTABAWASSEE RIVER

  DOW DAM TO SAGINAW RIVER, MIDLAND, MI, 48640

  Registry ID: 110030826694

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 104E2 — Information and/or Access
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• TITTABAWASSEE RIVER, SAGINAW RIVER & BAY ADMIN ORDER ON CONSENT (CERCLA)entered 2011-05-26

  Primary law: CERCLA

Timeline (2 milestones)

• 2011-05-26Final Order Issued
• 2011-07-11Enforcement Action Data Entered