EPA v. MARLEY COMPANY, DAVENPORT, IA

Case summary

THE RED JACKET FOUNDRY SITE IS LOCATED IN AN INDUSTRIAL AREA OF DAVENPORT, IA. ON THE SITE IS A LARGE BRICK WAREHOUSE WHERE RED JACKET FOUNDRY CONDUCTED ITS OPERATIONS FROM THE EARLY 1900S UNTIL 1970. SUBSEQUENT TO RED JACKET'S OPERATION, THE BUILDING WAS USED BY THE MICHAEL COMPANY FOR ITS BATTERY MANUFACTURING AND REPAIR BUSINESS. BOTH OF THESE OPERATIONS CAUSED THE RELEASE OF SUBSTANTIAL AMOUNTS OF LEAD, AND POSSIBLY OTHER HAZARDOUS SUBSTANCES, INTO THE ENVIRONMENT. IN 1993, DEERE & COMPANY, A PRP IN THE MICHAEL CASE, CLEANED THE BRICK WAREHOUSE AND CONDUCTED A STUDY OF THE CONTAMINATION IN THE EXTERIOR SOILS AT THE SITE. THE STUDY SHOWED THAT THE LEAD CONTAMINATION OUTSIDE OF THE BUILDING WAS CAUSED BY RED JACKET'S FOUNDRY OPERATIONS. BECAUSE OF THIS, THE MARLEY COMPANY, A SUCCESSOR OF RED JACKET, HAS AGREED TO CONDUCT THE REMOVAL ACTION AT THE REMAINING PORTION (BASICALLY EVERYTHING EXCEPT THE BUILDING) OF THE SITE. IN 1994, MARLEY CONDUCTED A REMOVAL SITE EVALUATION (RSE) AT THE SITE PURSUANT TO AN AOC ENTERED INTO WITH EPA. NOW THAT THE RESULTS OF THE RSE HAVE BEEN EXAMINED, A REMOVAL CAN TAKE PLACE, AFTER WHICH THE SITE WILL BE FULLY CLEAN.

Defendants (1)

• THE MARLEY COMPANYNamed in complaint

Facilities (1)

• MICHAEL BATTERY (ROLFF)

  1051 S ROLFF ST, DAVENPORT, IA, 52802

  Registry ID: 110009261422

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (4 milestones)

• 1995-08-02Complaint Filed/Proposed Order
• 1995-08-02Final Order Issued
• 1995-08-24Enforcement Action Data Entered
• 1996-08-02Enforcement Action Closed