EPA v. TECUMSEH HEUS SETTLEMENT AGREEMENT (CERCLA)

Case summary

This Settlement Agreement concerns the Tecumseh Heus Site located at 1604 Michigan Avenue, New Holstein, Calumet County, Wisconsin. In June 2010, in response to the release or threatened release of hazardous substances at or from the Site, EPA undertook response actions at the Site pursuant to Section 104 of CERCLA, 42 U.S.C. § 9604. These actions included a site assessment conducted at the facility in August 2010. During the site assessment, abandoned waste at the facility was sampled, characterized, and quantified. The majority of the material at the Site was determined to be waste oil. Corrosive wastes were also present. Some of the older drums abandoned at the facility were under pressure: The potential for the abandoned waste to reach the environment was documented during the site assessment (via trenches and drains in the facility, stormwater intrusion in the building contaminated soil near the building, etc). In November 2010, Settling Parties commenced a voluntary clean-up at the Site although the Settling Parties maintain that the waste remaining on the Site was attributable to Heus Manufacturing Company, the current owner of the Site and the most recent operator of the Site. EPA provided oversight of the removal activities conducted by the Settling Parties from November 18, 2010, through July 15, 2011. In performing response actions, EPA has incurred response costs at or in connection with the Site. EPA alleges that Settling Parties are responsible parties pursuant to Section 107(a) of CERCLA, 42 U.S.C.§ 9607(a), and are jointly and severally liable for response costs incurred or to be incurred at or in connection with the Site. EPA and Settling Parties recognize that this Settlement Agreement has been negotiated in good faith and that this Settlement Agreement is entered into without the admission or adjudication of any issue of fact or law.

Defendants (2)

• TECUMSEH PRODUCTS COMPANYNamed in complaintNamed in settlement
• TECUMSEHPOWER COMPANYNamed in complaintNamed in settlement

Facilities (2)

• TECUMSEH/HEUS

  1604 MICHIGAN AVENUE, NEW HOLSTEIN, WI, 530611153

  Registry ID: 110000593938

• TECUMSEH HEUS

  1604 MICHIGAN AVENUE, NEW HOLSTEIN, WI, 530611153

  Registry ID: 110000593938

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• TECUMSEH HEUS SETTLEMENT AGREEMENT (CERCLA)entered 2012-03-23

  Primary law: CERCLA

Timeline (2 milestones)

• 2012-03-23Final Order Issued
• 2012-04-05Enforcement Action Data Entered