EPA v. DES MOINES TCE

Case summary

AUGUST 2, 1993 DICO OU1 COST RECOVERY REFERRAL CASE SUMMARY BY THIS REFERRAL THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), REGION VII, REQUESTS THE DEPARTMENT OF JUSTICE TO INITIATE AN ACTION UNDER SECTION 107(A) OF CERCLA, 42 U.S.C. SECTION 9607(A), TO RECOVER COSTS INCURRED BY THE UNITED STATES RESPONDING TO RELEASES OF HAZARDOUS SUBSTANCES AT THE DES MOINES TCE SITE (THE SITE). THE SITE, WHICH WAS LISTED ON THE NATIONAL PRIORITIES LIST IN 1983, INCLUDES AN AREA OF GROUND WATER CONTAMINATED BY VOLATILE ORGANIC CHEMICALS (VOC), PRIMARILY TRICHLORETHYLENE (TCE) LOCATED IN THE DOWNTOWN AREA OF DES MOINES, IOWA. VOC OCNTAMINATION WAS INITIALLY FOUND IN THE DES MOINES PUBLIC DRINKING WATER SUPPLY, RESULTING IN THE LOSS OF ONE SOURCE OF THE WATER SUPPLY. AN OPERABLE UNIT REMEDIAL INVESTIGATION AND FEASIBILITY STUDY WERE CONDUCTED IN 1985 AND 1986 BY THE U. S. ENVIRONMENTAL PROTECTION AGENCY (EPA), REGION VII. THE RI FOUND THAT CONTAMINATED SOILS LOCATED ON PROPERTY OWNED BY DICO, INC. WERE THE PRINCIPAL SOURCE OF THIS VOC CONTAMINATION. AN OPERABLE UNIT RECORD OF DECISION WAS SIGNED IN JULY 1986, SELECTING HYDRAULIC CONTAINMENT AS THE APPROPRIATE REMEDY TO PREVENT VOC CONTAMINATION FROM ENTERING THE DRINKING WATER SUPPLY. WHEN ATTEMPTS TO NEGOTIATE AN AGREEMENT FOR REMEDIAL DESIGN AND REMEDIAL ACTION IMPLEMENTATION WERE NOT SUCCESSFUL, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER PURSUANT TO SECTION 106 OF CERCLA, 42 U.S.C. SECTION 9606, TO THE DICO COMPANY, INC., NOW DICO, INC., REQUIRING IT TO DESIGN AND IMPLEMENT THE SELECTED REMEDIAL ACTION. DICO, INC. COMPLIED WITH THE UNILATERAL ORDER, AND THE REMEDIAL ACTION HAS BEEN OPERATING SUCCESSFULY SINCE DECEMBER 1987. EPA IS SEEKING RECOVERY OF THE COSTS INCURRED IN CONDUCTING INITIAL SITE INVESTIGATIONS, THE OPERABLE UNIT RI/FS, AND FOR OVERSIGHT OF DICO'S REMEDIAL DESIGN AND REMEDIAL ACTION IMPLEMENTATION ACTIVITIES.

Defendants (1)

• DICO, INC.Named in complaint

Facilities (4)

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 1985-02-01Enforcement Action Data Entered
• 1993-03-23Referred To Dept Of Justice
• 1995-04-21Complaint Filed With Court