EPA v. JOHN DEERE DUBUQUE WORKS, DUBUQUE, IA

Case summary

THE JOHN DEERE DUBUQUE WORKS ( JDDW ) IS LOCATED ABOUT TWO AND ONE-HALF MILES NORTH OF DUBUQUE, IOWA AT THE CONFLUENCE OF THE MISSISSIPPI AND LITTLE MAQUOKETA RIVERS. THE 1,447 ACRE FACILITY WHICH INCLUDES MORE THAN 5,000,000 SQUARE FEET OF FACTORY SPACE HAS BEEN USED FOR THE MANUFACTURE OF INDUS- TRIAL AND HEAVY EQUIPMENT SINCE 1946 UP TO THE PRESENT. THE COMPANY DISPOSED OF APPROXIMATELY 3,000 TONS OF SOLVENTS, PAINT SLUDGES, ACIDES, HEAVY METALS AND CYANIDE IN AN OLD ON-SITE LANDFILL UP TO ABOUT 1974. PART OF THE OLD LANDFILL IS NOW COVERED BY EXPANSIONS OF THE PLANT BUILDING. THE GROUNDWATER UNDER THE FACILITY IS CONTAMINATED WITH 1,1,1- TRICHLOROETHENE, TRICHLOROETHENE, BENZENE, NITRATE, CHROMIUM IRON AND MANGANESE. THE SITE SCORED 34.95 UNDER EPA'S HAZARD RANKING SYSTEM (A SCORE OF 28.5 IS SUFFICIENT TO PLACE A SITE ON THE NPL). ON 9/18/85, IT WAS PROPOED TO BE ADDED TO EPA'S NPL, WHICH WAS PUBLISHED IN THE FEDERAL REGISTER. IN THE 6/24/88 FEDERAL REGISTER, EPA ANNOUNCED ITS INTEN- TIONS TO TAKE THE JOHN DEERE DUBUQUE SITE OFF THE PROPOSED NPL LIST BECAUSE IT IS A TREATMENT, STORAGE, OR DISPOSAL FACILITY SUBJECT TO CORRECTIVE ACTION AUTHORITIES OF RCRA. REGION VII WILL CONTINUE TO HANDLE THE SITE AS A SUPERFUND LEAD AND WILL SEEK A CONSENT RD/RA UNDER SUPERFUND. ON 9/29/86, THE EPA REGION VII REGIONAL ADMINISTRATOR AND DEERE AND COMPANY ENTERED INTO A CONSENT ORDER PURSUANT TO SECTION 106(A) OF CERCLA WHICH PROVIDED FOR AN RI/FS BY DEERE. THE FINAL RI/FS REPORTS HAVE BEEN RECEIVED BY EPA. THE REGION PUT THE FS AND PROPOSED PLAN OUT FOR PUBLIC COMMENT ON 8/4/88. THE REGION ISSUED THE ROD ON 9/30/88. A SPECIAL NOTICE LETTER FOR RD/RA WAS SENT TO DEERE ON 12/9/88. DEERE AND COMPANY HAS SAID THAT IT AGREES TO PER- FORM THE RD/RA. SECTION 122 (D)(1)(A) PROVIDES THAT AN AGREEMENT FOR AN RD/RA BE PUT INTO A JUDICIAL CONSENT DECREE. THE CASE WAS REFERRED TO DOJ FOR DEVELOPMENT OF RD/RA CONSENT DECREEON 8/19/88. EPA AND DOJ HAVE DEVELOPED A CONSENT DECREE FOR AN RD/RA AND FOR THE SETTLEMENT OF PAST COSTS INCURRED BY EPA PRIOR TO THE ENTRY OF THE 9/29/86 ADMINISTRATIVE CONSENT ORDER AND FOR FUTURE COSTS THAT WILL BE INCURRED FOR THE OVERSIGHT OF THE RD/RA PURSUANT TO SECTION 107 OF CERCLA. THE OVERSIGHT COSTS FOR THE RI/FS FROM 9/29/86 TO THE TIME OF THE ROD ARE ALREADY COVERED IN THE 9/29/86 CONSENT ORDER. THE PROPOSED CONSENT DECREE WAS SENT TO DEERE ON 1/12/89.

Defendants (1)

• DEERE & COMPANY, INC.Named in complaintNamed in settlement

Facilities (4)

• JOHN DEERE DUBUQUE WORKS

  18600 S. JOHN DEERE RD., DUBUQUE, IA, 520040538

  Registry ID: 110045323020

• JOHN DEERE DUBUQUE WORKS

  18600 S. JOHN DEERE RD., DUBUQUE, IA, 520040538

  Registry ID: 110045323020

• JOHN DEERE DUBUQUE WORKS

  18600 S. JOHN DEERE RD., DUBUQUE, IA, 520040538

  Registry ID: 110045323020

• JOHN DEERE DUBUQUE WORKS

  18600 S. JOHN DEERE RD., DUBUQUE, IA, 520040538

  Registry ID: 110045323020

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• DEERE & COMPANYentered 1989-12-18

  Primary law: CERCLA

Timeline (9 milestones)

• 1988-08-17Enforcement Action Data Entered
• 1988-08-22PRN Sent
• 1989-09-22Referred To Dept Of Justice
• 1989-10-17Complaint Filed With Court
• 1989-12-18Concluded
• 1989-12-18Final Order Lodged
• 1989-12-18Final Order Entered
• 1990-12-18Enforcement Action Closed
• 1990-12-18Pipeline Closed