EPA v. RELIANCE BATTERY MANUFACTURING COMPANY, COUNCIL BLUFFS, IA

Case summary

RELIANCE BATTERY MFG. CO. (RBMC) OPERATES A LEAD-ACID BATTERY MANUFACTURING PLANT ON PROPERTY OWNED BY MR. & MRS. W. SCOTT GRANT. MR. GRANT IS THE PRESIDENT OF RBMC, AND MR. & MRS. GRANT ARE ITS PRINCIPAL SHAREHOLDERS. THE RBMC FACILITY IS LOCATED IN A MIXED RESIDENTIAL AND COMMERCIAL AREA IN COUNCIL BLUFFS, IA. SEVERAL HOUSES ARE LOCATED IN THE SAME CITY BLOCK AS THE FACILITY. A PUBLIC GRADE SCHOOL IS LOCATED WITHIN 4 BLOCKS OF THE SITE, AND SCHOOL CHILDREN ROUTINELY CUT THROUGH AN ALLEY ON THE SITE GOING TO AND FROM SCHOOL. THE U.S. EPA, REGION VII CONDUCTED A SITE INVESTIGATION IN 1989, WHICH FOUND ELEVATED CONCENTRATIONS OF LEAD BOTH IN SOILS ON THE RBMC FACILITY, AND IN NEIGHBORING RESIDENTIAL YARDS. WHEN ATTEMPTS TO NEGOTIATE AN ADMINISTRATIVE CONSENT ORDER WERE NOT SUCCESSFUL, EPA ISSUED A UNILATERAL ORDER TO RBMC AND THE GRANTS, REQUIRING THEM TO CONDUCT A CERCLA REMOVAL ACTION TO ADDRESS LEAD CONTAMINATION ON THE RBMC AND NEIGHBORING PROPERTIES. THEY SUBMITTED A REMOVAL ACTION WORK PLAN WHICH, EVEN AFTER AN OPPORTUNITY TO REVISE THE WORK PLAN IN ACCORDANCE WITH EPA'S COMMENTS, DID NOT MEET THE REQUIREMENTS OF THE ORDER. EPA THEN CONDUCTED THE REMOVAL ACTION. WHILE WE WERE COMMUNICATING WITH THE PRPS ON THEIR WORK PLAN, WE RECEIVED REPORTS FROM NEIGHBORING RESIDENTS THAT, AT NIGHT, RBMC WAS DIGGING UP AND HAULING OFF SOILS FROM PORTIONS OF ITS PROPERTY KNOWN TO BE CONTAMINATED. RBMC DID THIS WITHOUT ANY NOTICE TO EPA. RBMC'S ACTIONS CAUSED EPA TO CONDUCT ADDITIONAL SITE CHARACTERIZATION WORK TO DETERMINE WHAT EFFECTS RBMC'S ACTIVITIES HAD ON SITE CONDITIONS, BOTH INCREASING EPA'S RESPONSE COSTS AND DELAYING START OF THE REMOVAL ACTION. THIS INVESTIGATION FOUND THAT SITE CONDITIONS HAD NOT BEEN SUBSTANTIALLY IMPROVED. EPA SEEKS THE FOLLOWING RELIEF: A. RECOVERY OF CERCLA RESPONSE COSTS INCURRED BY THE U.S. IN CONDUCTING A REMOVAL ACTION AT THE RELIANCE BATTERY SITE; B. DAMAGES PURSUANT TO SECTION 107(C)(3) OF CERCLA, FOR THE PRPS FAILURE TO PROPERLY PROVIDE A REMOVAL ACTION UPON ISSUANCE OF AN ADMINISTRATIVE ORDER ISSUED BY EPA PURSUANT TO SECTION 106(A) OF CERCLA.

Defendants (3)

• RELIANCE BATTERY MANUFACTURING COMPANYNamed in complaintNamed in settlement
• ROSEMARY GRANTNamed in complaintNamed in settlement
• WILLIAM SCOTT GRANTNamed in complaintNamed in settlement

Facilities (1)

• RELIANCE BATTERY MANUFACTURING CO

  2204 S 8TH ST, COUNCIL BLUFFS, IA, 51501

  Registry ID: 110064287917

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• UNITED STATES OF AMERICA V. REentered 1996-04-11

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-11-27Enforcement Action Data Entered
• 1993-10-05Referred To Dept Of Justice
• 1994-04-25Complaint Filed With Court
• 1996-04-11Final Order Lodged
• 1996-04-11Final Order Entered
• 1996-04-11Concluded
• 1997-06-23Enforcement Action Closed