EPA v. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL, COMMANCHE, IA

Case summary

THE LAWRENCE TODTZ FARM SITE IS LOCATED ON THE LAWRENCE TODTZ PROPERTY NEAR COMMANCHE, IOWA. THE SITE OCCUPIES A FORMER GRAVEL PIT APPROXIMATELY 12 ACRES IN AREA. THE SITE WAS OPERATED AS A MUNICIPAL LANDFILL BETWEEN 1969 AND 1975. E.I. DUPONT DE NEMOURS AND COMPANY, INC. (DUPONT), OPERATED A CELLOPHANE MANUFACTURING PLANT IN NEARBY CLINTON, IOWA. BETWEEN THE YEARS 1971 AND 1975, CELLOPHANE PROCESS WASTES FROM THE CLINTON PLANT WERE DISPOSED IN A SPECIALLY CONSTRUCTED IMPOUNDMENT OCCUPYING ABOUT 2.7 ACRES ON THE NORTHWEST CORNER OF THE SITE. THE SITE WAS IDENTIFIED AS A POTENTALLY UNCONTROLLED HAZARDOUS WASTE SITE AND WAS ADDED TO THE NPL IN 1986. EPA INFORMED DUPONT THAT IT HAD BEEN IDENTIFIED AS A PRP BECAUSE OF ITS PAST WASTE DISPOSAL ACTIVITIES AT THE SITE. PURSUANT TO A CERCLA 104/122 CONSENT ORDER BETWEEN EPA AND DUPONT, DUPONT HAS CONDEUCTED A REMEDIAL INVESTIGATION/ FEASIBILITY STUDY (RI/FS) FOCUSED ON THE IMPOUNDMENT INTO WHICH THE CELLOPHANE PROCESS WASTES FROM ITS CLINTON PLANT WERE DISPOSED. A ROD WAS SIGNED ON NOVEMBER 4, 1988. DUPONT'S CONTRACTOR SUBMITTED A FIRST DRAFT WORK PLAN FOR THE RD/RA ON DECEMBER 19, 1988.

Defendants (3)

• E.I. DU PONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement
• TODTZ, LYNN R.Named in complaintNamed in settlement
• TODTZ, LEWIS L.Named in complaintNamed in settlement

Facilities (4)

• DU PONT, E I DE NEMOURS & CO INC

  HWY 67, .5 MI S OF HWY 30, CAMANCHE, IA, 52730

  Registry ID: 110000771718

• DU PONT, E I DE NEMOURS & CO INC

  HWY 67, .5 MI S OF HWY 30, CAMANCHE, IA, 52730

  Registry ID: 110000771718

• DU PONT, E I DE NEMOURS & CO INC

  HWY 67, .5 MI S OF HWY 30, CAMANCHE, IA, 52730

  Registry ID: 110000771718

• DU PONT, E I DE NEMOURS & CO INC

  HWY 67, .5 MI S OF HWY 30, CAMANCHE, IA, 52730

  Registry ID: 110000771718

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• EI DU PONT DE NEMOURS AND COMPentered 1990-11-06

  Primary law: CERCLA

Timeline (8 milestones)

• 1988-08-02Enforcement Action Data Entered
• 1989-03-15PRN Sent
• 1989-09-28Referred To Dept Of Justice
• 1989-12-18Complaint Filed With Court
• 1990-11-06Final Order Lodged
• 1990-11-06Final Order Entered
• 1990-11-29Enforcement Action Closed
• 1990-11-29Pipeline Closed