EPA v. RED OAK LANDFILL, RED OAK, IOWA

Case summary

RED OAK LANDFILL IS A SUPERFUND SITE PLACED ON THE NPL IN 1989. THE LANDFILL WAS OWNED AND OPERATED BY THE CITY OF RED OAK, IOWA, AND WAS OPEN DURING THE YEARS 1962-1974. IN ADDITION TO MUNICIPAL WASTE, THE LANDFILL TOOK INDUSTRIAL WASTES FROM SEVERAL INDUSTRIES IN TOWN, INCLUDING AN EVEREADY BATTERY PLANT THEN OWNED BY UNION CARBIDE CORPORATION. A PRP GROUP CONDUCTED AN RI/FS FROM 1989-1992, UNDER AN ADMINISTRATIVE ORDER WITH EPA OVERSIGHT. EPA ISSUED A ROD FOR THE SITE ON MARCH 31, 1993. SINCE RD/RA HAS NOT YET COMMENCED, A POSSIBLE STATUTE OF LIMITATIONS DATE FOR PAST COSTS, INCLUDING OVERSIGHT COSTS, IS MARCH 31, 1996. EPA HAS ASKED DOJ IN ITS FEBRUARY 5, 1996 REFERRAL TO FILE A SECTION 107 COST RECOVERY CASE BY MARCH 31, 1996. A CLAIM FOR FUTURE COSTS WILL PROBABLY ALSO BE INCLUDED IN THE COMPLAINT.

Defendants (9)

• UNION CARBIDE, INC.Named in complaint
• BARGOR PUERTO ACQUISITION, INC.Named in complaint
• CITY OF RED OAK, IOWANamed in complaint
• EVERREADY BATTERY COMPANYNamed in complaintNamed in settlement
• LOWELL & BLANCHE KINNISONNamed in complaint
• U.C.C. HOLDING, INC.Named in complaint
• UNIROYAL HOLDING, INC.Named in complaint
• UNIROYAL, INC.Named in complaint
• UNIVERSAL COOPERATIVES, INC.Named in complaint

Facilities (1)

• RED OAK CITY LANDFILL

  US 34 HWY 48 1 MI W ON HWY 34, RED OAK, IA, 51566

  Registry ID: 110009279299

Statutes cited

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

Enforcement conclusions (1)

• RED OAK_LANDFILLentered 1996-10-01

  Primary law: CERCLA

Timeline (8 milestones)

• 1987-01-01Enforcement Action Data Entered
• 1993-08-16PRN Sent
• 1996-09-26Referred To Dept Of Justice
• 1996-09-27Final Order Lodged
• 1996-09-27Complaint Filed With Court
• 1996-10-01Final Order Entered
• 1996-10-01Concluded
• 1996-10-01Enforcement Action Closed