EPA v. SMITH-JONES, INC.

Case summary

DIRECT REFERRAL FOR A SUPERFUND COST RECOVERY ACTION FOR THE MIDWEST MANUFACTURING/NORTH FARM SUPERFUND SITE IN KELLOGG, IA. THIS IS A REFERRAL FOR A JUDICIAL ACTION PURSUANT TO CERCLA SECTION 107 FOR THE RECOVERY OF PAST RESPONSE COSTS AND A DECLARATION OF LIABILITY FOR FUTURE RESPONSE COSTS INCURRED BY THE EPA. IN ADDITION, EPA IS SEEKING PENALTIES UNDER SECTION 104 OF CERCLA FOR THE PROPOSED DEFENDANT'S FAILURE TO RESPOND TO EPA'S REQUEST FOR INFORMATION FOR OVER 3 YEARS. THE FACILITY INVOLVED IS THE MIDWEST MANUFACTURING/NORTH FARM FACILITY, WHICH IS COMPOSED OF 2 OUS. THE PRIMARY PROPOSED DEFENDANT, SMITH-JONES, INC., HAS OWNED AND OPERATED A MANUFACTURING PLANT LOCATED AT 101 HIGH ST., KELLOGG, IA, SINCE APPROXIMATELY APRIL, 1973 (THE MIDWEST OU ). FROM 1977 TO 1978, SMITH-JONES WAS THE GENERATOR OF HAZARDOUS SUBSTANCES THAT THE COMPANY DISPOSED OF IN AN UNLINED DISPOSAL CELL LOCATED IN A RURAL AREA 2 MILES NORTH AND 1/2 MILE EAST OF KELLOGG, IA (THE NORTH FARM OU ). FROM 1978 TO 1981, THE COMPANY DISPOSED OF THESE HAZARDOUS SUBSTANCES IN AN UNLINED TRENCH LOCATED BETWEEN THE MANUFACTURING PLANT BUILDING AND THE UNLINED TRENCH LOCATED BETWEEN THE MANUFACTURING PLANT BUILDING AND THE NORTH SKUNK RIVER. EPA UNDERTOOK INVESTIGATION OF THE SITE IN MAY, 1982. THE SITE WAS PLACED ON THE NPL IN 1986. ON SEPTEMBER 29, 1987, EPA SENT A SPECIAL NOTICE LETTER AND REQUEST FOR INFORMATION TO SMITH-JONES, INC., PURSUANT TO SECTIONS 122 AND 104 OF CERCLA, NOTIFYING COMPANY THAT EPA CONSIDERED IT TO BE A RESPONSIBLE PARTY AND REQUESTING CERTAIN INFORMATION CONCERNING PAST WASTE HANDLING PRACTICES AND ITS ABILITY AND WILLINGNESS TO PERFORM RI/FS. SMITH-JONES REFUSED TO PROVIDE THE REQUESTED FINANCIAL INFORMATION AND TO PERFORM THE RI/FS. EPA HAS SINCE COMPLETED THE RI/FS. ALTHOUGH A UAO WAS ISSUED TO SMITH-JONES IN MARCH, 1991, DIRECTING THE COMPANY TO UNDERTAKE THE RD/RA, SMITH-JONES HAS REFUSED TO COMPLY WITH SAID ORDER. EPA HAS THEREFORE COMMENCED WORK ON THE RD. THIS CASE IS PRESENTLY BEING CONSIDERED FOR INCLUSION IN THE SUPERFUND NON-SETTLOR/NON-COMPLIER ENFORCEMENT INITIATIVE WHICH UNDERWAY WITHIN EPA.

Defendants (1)

• MIDWEST MANUFACTURING

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 107 — Superfund

Timeline (5 milestones)

• 1991-09-27Referred To Dept Of Justice
• 1992-06-29Complaint Filed With Court
• 1992-10-05Enforcement Action Data Entered
• 1994-09-28Concluded
• 1997-08-07Enforcement Action Closed