EPA v. NORTHWESTERN STATES PORTLAND CEMENT, MASON CITY, IA

Case summary

THE NORTHWESTERN STATES PORTLAND CEMENT COMPANY (NWSPCC) SITE IS LOCATED ADJACENT TO UNITED STATES HIGHWAY 65 IN THE NORTHERN SECTION OF MASON CITY, IOWA. IT IS LOCATED JUST ACROSS THE ROAD FROM LEHIGH PORTLAND CEMENT COMPANY, WHICH IS ALSO A SUPERFUND SITE. CALMUS CREEK FLOWS BETWEEN THE TWO CEMENT PLANTS AND THEN INTO THE WINNEBAGO RIVER EAST OF THE TWO FACILITIES. IN 1950, NWSPCC CEASED LIMESTONE MINING OPERATIONS AT THE QUARRY WEST OF THE PLANT. THE WEST QUARRY HAD REACHED A DEPTH OF APPROXIMATELY 40 FEET AND COVERED ABOUT 150 ACRES. IN 1969, NWSPCC BEGAN USING THE WEST QUARRY FOR THE DISPOSAL OF WASTE KILN DUST. IN 1979 TWO SEEPS EMERGED INTO CALMUS CREEK FROM THE NORTHEASTERN PORTION OF THE PARTIALLY FILLED WEST QUARRY. WHEN DISPOSAL ACTIVITIES CEASED IN 1985, APPROXIMATELY TWO MILLION TONS OF KILN DUST HAD BEEN PLACED IN THE QUARRY AND THE QUARRY'S UNFILLED AREA HAD BEEN REDUCED TO APPROXIMATELY 40 ACRES. WASTE KILN DUST IS EXTREMELY CAUSTIC AND CONTAINS POTASSIUM OXIDE, CHROMUIM, IRON AND SULFATE. DURING THE PERIOD THE WEST QUARRY WAS USED FOR DISPOSAL OF WASTE KILN DUST, IT FILLED WITH APPROXIMATELY 420 MILLION GALLONS OF WATER. THE SITE SCORED A 58.15 ON EPA'S HAZARDOUS RANKING SYSTEM (A SCORE OF 28.5 IS SUFFICIENT TO PLACE A SITE ON THE NATIONAL PRIORITY LIST ?NPL?). IT WAS PROPOSED TO BE ADDED TO THE NPL IN THE FEDERAL REGISTER ON JUNE 24, 1988. 53 FED. REG. 23988 (JUNE 24, 1988). THE EPA HAS NOT YET FINALIZED THIS PROPOSED LISTING. A RI/FS WAS CONDUCTED ON THIS SITE BY NWSPCC PURSUANT TO AN ADMINISTRATIVE CONSENT ORDER ENTERED INTO BY NWSPCC AND THE IOWA DEPARTMENT OF NATURAL RESOURCES (IDNR). THE PROPOSED PLAN SUMMARIZING THE RI/FS AND STATING THE PREFERRED REMEDY WAS PUT OUT FOR PUBLIC COMMENT ON MARCH 30, 1990. THE PUBLIC COMMENT PERIOD ENDED ON MAY 29, 1990. A PUBLIC MEETING WAS HELD IN MASON CITY ON MAY 1, 1990. THE RECORD OF DECISION WAS SIGNED ON JUNE 26, 1990. IN JANUARY 1990, DUNDEE CEMENT COMPANY OF DUNDEE, MICHIGAN COMPLETED A BUYOUT OF NWSPCC. AT THAT TIME, NWSPCC BECAME A WHOLLY OWNED SUBSIDIARY OF DUNDEE CEMENT COMPANY. IN APRIL 1990, DUNDEE CEMENT WAS MERGED INTO HOLMAN, INC. OF DUNDEE, MICHIGAN. NWSPCC IS NOW A WHOLLY OWNED SUBSIDIARY OF HOLMAN, INC. IN APRIL 1990, COUNSEL FOR NWSPCC TOLD EPA COUNSEL IN A TELEPHONE CONVERSATION THAT IT WAS NWSPCC'S DESIRE TO NEGOTIATE AN AGREEMENT TO PERFORM THE REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) PURSUANT TO SECTION 122 OF CERCLA, 42 USC SECTION 9622, WITH EPA RATHER THAN PURSUING A CONSENT DECREE USING STATE AUTHORITY. ON JULY 31, A MINI-LITIGATION REPORT WAS SENT TO THE JUSTICE DEPARTMENT. IN THAT REPORT REGION VII FORMALLY REQUESTED THE PARTICIPATION OF THE DEPARTMENT OF JUSTICE IN THE DEVELOPMENT AND NEGOTIATION OF A CONSENT DECREE FOR AN RD/RA. IT ALSO INTENDED THAT THE CONSENT DECREE INCLUDE A CERCLA SECTION 107 SETTLEMENTS FOR COSTS INCURRED BY EPA, AND FOR THE FUTURE COSTS THAT WILL BE INCURRED BY EPA DURING THE OVERSIGHT OF THE RD/RA.

Defendants (2)

• HOLNAM, INC.Named in complaintNamed in settlement
• NORTHWESTERN STATES PORTLAND CEMENT COMPNamed in complaintNamed in settlement

Facilities (1)

• HOLNAM INCORPORATED

  1840 N. FEDERAL AVE., MASON CITY, IA, 50401

  Registry ID: 110010507308

Statutes cited

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

Enforcement conclusions (1)

• NORTHWESTERN STATES PORTLAND Centered 1991-10-10

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-03-07Enforcement Action Data Entered
• 1990-07-30PRN Sent
• 1991-05-28Referred To Dept Of Justice
• 1991-08-09Complaint Filed With Court
• 1991-10-10Final Order Lodged
• 1991-10-10Final Order Entered
• 1991-10-10Concluded
• 2005-12-31Enforcement Action Closed