EPA v. RENNER ROAD, FULTZ DE MINIMIS AGREEMENT

Case summary

THE RENNER ROAD SHOOTING RANGE IS LOCATED IN SHAWNEE, KS, IN THE NORTH-CENTRAL PORTION OF JOHNSON COUNTY, APPROXIMATELY 12 MILES SOUTHWEST OF KANSAS CITY. THIS SITE IS LOCATED IN AN AREA EXPERIENCING DRAMATIC GROWTH AND DEVELOPMENT, AND THE TRACT IS EXPECTED TO BE DEVELOPED FOR RESIDENTIAL USE. THE 58 ACRE PARCEL WAS USED AS A GUN CLUB FROM THE MID-1950'S TO 1976. THE POTENTIALLY RESPONSIBLE PARTIES ARE: RICHARD R. AND MARJORIE D. SCHROEDER, JUANITA V. SCHROEDER, DONIVAN W. AND ORA LEE RATLIFF, DON AND CONNIE FULTZ AND SEVERAL NON-VIABLE PARTIES. THEY ARE ALL INDIVIDUALS AND DO NOT HAVE THE ABILITY TO PAY FOR THE ENTIRE SITE CLEANUP. WE PLACED A LIEN ON 11 ACRES OF THE SITE WITH KNOWN CONTAMINATION IN 1993. THE SITE IS CONTAMINATED WITH LEAD FROM THE FIRING OF SHOT GUNS. WE ISSUED AN ACTION MEMORANDUM ON MARCH 18, 1993, FOR EPA TO CONDUCT A TIME-CRITICAL REMOVAL. IN 1993, WE CONCLUDED EXTENSIVE NEGOTIATIONS WITH THE PRPS, HOWEVER WE WERE UNABLE TO REACH SETTLEMENT. IN JANUARY, 1994, WE OBTAINED AN APPRAISAL OF THE PROPERTY. THE CURRENT VALUE IS ZERO; HOWEVER, SUBSEQUENT TO OUR CLEANUP ACTIONS THE ESTIMATED VALUE IS $580,000. WE BEGAN ON-SITE REMOVAL ACTIVITIES IN THE SPRING, AND THE REMOVAL IS NEARING COMPLETION. WE EXCAVATED APPROXIMATELY 3,600 CUBIC YARDS OF CONTAMINATED SOIL, SOLIDIFIED IT AND TRANSPORTED IT OFF SITE. WE EXPECT CLEANUP TO COST APPROXIMATELY $1 MILLION. WE HAVE BEEN CONDUCTING NEGOTIATIONS WITH THE FULTZS AND THE RATLIFFS FOR SETTLEMENT OF THEIR RESPONSIBILITY THROUGH A DE MINIMIS WASTE CONTRIBUTOR SETTLEMENT. THIS SETTLEMENT IS CURRENTLY UNDER REVIEW AT DOJ, AS REQUIRED UNDER SECTION 122(G) OF CERCLA, BECAUSE THE RESPONSE COSTS IN THIS MATTER EXCEED $500,000. THE SCHROEDERS HAVE ASKED FOR THE OPPORTUNITY TO SETTLE THIS MATTER, AND WE HAVE BEEN NEGOTIATING WITH THEM FOR A CASH OUT SETTLEMENT. THE SCHROEDERS DO NOT QUALIFY FOR DE MINIMMIS SETTLEMENT.

Defendants (1)

• DON & CONNIE FULTZNamed in complaintNamed in settlement

Facilities (1)

• RENNER ROAD SHOOTING RANGE

  52ND & RENNER RD, SHAWNEE MISSION, KS, 66217

  Registry ID: 110010779372

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• RENNER ROAD, FULTZ DE MINIMIS AGREEMENTentered 1994-09-23

  Primary law: CERCLA

  Federal penalty: $11,250

Timeline (5 milestones)

• 1994-09-23Final Order Issued
• 1994-09-23Complaint Filed/Proposed Order
• 1994-09-27Enforcement Action Data Entered
• 1995-03-14Compliance Achieved
• 1995-03-14Enforcement Action Closed