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

Case summary

On July 8, 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 address dioxin contaminated sediments at a small island in the Tittabawassee River and located within the Site. 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 104E2 — Information and/or Access
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• TITTABAWASSEE RIVER, SAGINAW RIVER & BAY ADMIN ORDER ON CONSENT (CERCLA)entered 2011-07-08

  Primary law: CERCLA

Timeline (2 milestones)

• 2011-07-08Final Order Issued
• 2011-07-11Enforcement Action Data Entered