EPA v. RED OAK LANDFILL COST RECOVERY, RED OAK, IA

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 5TH 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 (11)

• BANGOR PUNTA DIVERSIFIED HOLDINGS CORP.Named in complaintNamed in settlement
• BLANCHE KINNISON
• UNIVERSAL COOPERATIVES, INC.Named in complaintNamed in settlement
• CDU HOLDING, INC.
• CDU HOLDING, INC. LIQUIDATION TRUST
• CITY OF RED OAKNamed in complaintNamed in settlement
• LOWELL KINNISON
• RALSTON PURINA CO.Named in complaintNamed in settlement
• UNION CARBIDE CORP.Named in complaintNamed in settlement
• UNIROYAL HOLDING, INC.Named in complaintNamed in settlement
• UNIROYAL, INC.Named in complaintNamed in settlement

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 107A — Cost Recovery

Enforcement conclusions (1)

• EVEREADY BATTERYentered 1996-11-27

  Primary law: CERCLA

Timeline (8 milestones)

• 1996-01-01Enforcement Action Data Entered
• 1996-02-05Referred To Dept Of Justice
• 1996-09-27Complaint Filed With Court
• 1996-11-27Final Order Lodged
• 1996-11-27Final Order Entered
• 1996-11-27Concluded
• 1997-01-13Enforcement Action Closed
• 1997-01-13Pipeline Closed