EPA v. SPRINGFIELD, MISSOURI, CITY OF

Case summary

BOTH THE FULBRIGHT AND SAC RIVER LANDFILLS ARE LOCATED NORTH OF SPRINGFILED, MO, AND WERE OPERATED AS MUNICIPAL LANDFILLS BY THE CITY OF SPRINGFIELD. BOTH SITES RECEIVED INDUSTRIAL AND MUNICIPAL WASTES FOR LAND DISPOSAL FROM 1962 THROUGH 1969 (FULBRIGHT), AND 1968 THROUGH 1974 (SAC RIVER). A REMEDIAL INVESTIGATION (RI) AND FEASIBILITY STUDY (FS) WAS CONDUCTED BY THE DEFENDANTS, PURSUANT TO AN ADMINISTRATIVE ORDER ON CONSENT (AOC), ISSUED BY EPA, REGION VII ON 3/13/86 UNDER SECTION 106(A) OF CERCLA. FROM AVAILABLE INFORMATION, EPA BELIEVES THE FOLLOWING CATEGORIES OF INDUSTRIAL WASTES WERE DISPOSED OF IN THE LANDFILLS DURING THEIR PERIOD OF OPERATIONS: CYANIDE AND CYANATE SALTS; PLATING RESIDUE CONTAINING CADMIUM, ZINC, CHROMIUM AND NICKEL; SPENT SULFURIC AND HYDROCHLORIC ACIDS; SPENT CHROMIC ACID; ACIDIC CHROME STRIPPERS AND STEEL STRIP- PERS; TRICHLOROETHYLENE AND STODDARD SOLVENT; SULFUR SALTS; FILTERCAKE CONTAINING AMMONIUM CHLORIDE, POTASSIUM CHLORIDE, AND SODIUM CHLORIDE FROM D1-LACTONE STILL RESIDUE; NAPTHAS; TURPENTINE; PAID AND PAINT THINNER; IODINE-CONTAINING RESIDUES; CHOLINE CHLORIDE; AND RUBBER WASTES. WHILE THE CITY OF SPRINGFILED OWNED AND OPERATED THE PROPER- TY UPON WHICH THE LANDFILLS WERE LOCATED, LITTON INDUSTRIES, INC., AS A SUCCESSOR CORPORATION TO THE ROYAL MCBEE CORPORA- TION, WAS THE ONLY GENERATOR THAT COULD BE SUFFICIENTLY IDENTIFIED AS A POTENTIAL RESPONSIBLE PARTY (PRP) FOR THE SITES. THE EPA'S INVESTIGATION IN THE EARLY 1980'S INTO THE POSSIBLE SOURCES OF INDUSTRIAL WASTES DISPOSED OF AT THE LANDFILLS, WAS INHIBITED BY THE LACK OF DOCUMENTATION REGARDING THE VOLUME AND SOURCE OF SUCH WATES. MOST INFOR- MATION CONCERNING THE WASTES THAT WERE DISPOSED AT THE LANDFILLS, AND THE SOURCES OF THESE WASTES, WERE OBTAINED FROM INTERVIEWS WITH THE CITY OF SPRINGFIELD PUBLIC WORKS' EMPLOYEES WHO WORKED AT THE LANDFILLS DURING THEIR OPERATION WITH FORMER EMPLOYEES OF THE ROYAL MCBEE CORPORATION INCLUD- ING INDIVIDUALS WHO HAULED WASTES TO THE LANDFILLS FOR THE COMPANY, AND WITH EMPLOYEES OF OTHER PRPS. DURING THESE INVESTIGATIONS, EPA SENT CERCLA SECTION 104(E) LETTERS TO GENERAL ELECTRIC AND SYNTEX, COMPANIES THAT WERE INITIALLY IDENTIFIED AS PRPS. THE RESPONSES TO EPA'S 104(E) LETTERS FAILED TO PRODUCE SUFFICIENT INFORMATION TO REACH A DETER- MINATION AS TO THESE TWO COMPANIES' LIABILITY. DURING THE RI, THE DEFENDANTS CONDUCTED THEIR OWN INVESTIGA- TIONS TO IDENTIFY OTHER POTENTIAL GENERATORS OF INDUSTRIAL WASTES SENT TO THE LANDFILLS. WHILE THEIR IDENTITY IS PRESENTLY UNKNOWN TO EPA, THE CITY AND LITTON REACHED AGREE- MENT WITH THESE ENTITIES TO HELP FUND THE RI/FS.

Defendants (2)

• LITTON INDUSTRIES, INC.Named in complaintNamed in settlement
• SPRINGFIELD, MISSOURI, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• FULBRIGHT LANDFILL

  BOLIVAR RD, SPRINGFIELD, MO, 65803

  Registry ID: 110009339199

Statutes cited

• CERCLA 122H3 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• SPRINGFIELD, MO, CITY OFentered 1990-02-01

  Primary law: CERCLA

Timeline (9 milestones)

• 1989-08-25PRN Sent
• 1989-09-14Enforcement Action Data Entered
• 1989-09-22Referred To Dept Of Justice
• 1989-11-30Complaint Filed With Court
• 1990-02-01Concluded
• 1990-02-01Final Order Lodged
• 1990-02-01Final Order Entered
• 1990-08-14Enforcement Action Closed
• 1990-08-14Pipeline Closed