EPA v. MISSOURI ELECTRIC WORKS, CAPE GIRARDEAU, MO

Case summary

3/29/99: ON DECEMBER 17, 1998, THE REGION ISSUED A UNILATER AL ADMINISTRATIVE ORDER IN AID OF ACCESS TO MORRILL DEVELOPMENT COMPANY AND ITS PRINCIPALS, OWNERS OF THE PROPERTY LOCATED IMMEDIATELY TO THE SOUTHWEST OF THE MEW SITE. DURING THE REMEDIAL INVESTIGATION PCB CONTAMINATION WAS FOUND IN THE DRAINAGE PATHWAYS FROM THE SITE WHICH CROSSED OVER A PORTION OF THE MORRILL PROPERTY. THE REMEDIAL ACTION (RA) IS SCHEDULED TO COMMENCE IN FEBRUARY 1999, AND ACCESS TO THE MORRILL PROPERTY IS REQUIRED TO EXCAVATE CONTAMINATED SOILS. THE SETTLING DEFENDANT GROUP HAS ATTEMPTED TO GAIN ACCESS TO THE MORRILL PROPERTY FOR THE PAST TWO TO THREE YEARS WHILE THE CONSENT DECREE WAS BEING LITIGATED. MORRILL HAS DEMANDED THAT THE SETTLING DEFENDANTS PURCHASE THEIR PROPERTY AND LOCATE THEIR BUSINESS AT A COST OF $3,050,000 (MORRIL HAD PREVIOUSLY SOUGHT $16,500,000 IN DAMAGES FROM THE SETTLING DEFENDANTS). LATE THIS PAST SUMMER THE SETTLING DEFENDANTS CAME TO EPA AND SAID THAT THEY HAD MADE THEIR BEST EFFORTS IN OBTAINING ACCESS AND THEY REQUESTED OUR ASSISTANCE. EPA HAS REQUESTED TERMS OF ACCESS FROM MORRILL NUMEROUS TIMES OVER THE PAST FIVE MONTHS AND MORRILL'S DEMAND HAS NOT CHANGED.

Defendants (1)

• MORRILL DEVELOPMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• MISSOURI ELECTRIC WORKS

  840 S. KINGSHIGHWAY, CAPE GIRARDEAU, MO, 63701

  Registry ID: 110010665538

Statutes cited

• CERCLA 104E4 — Inspection and Samples
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• MORRILL DEVELOPMENT COMPANYentered 1998-12-17

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-12-17Complaint Filed/Proposed Order
• 1998-12-17Final Order Issued
• 1999-03-29Enforcement Action Data Entered
• 1999-12-17Enforcement Action Closed
• 1999-12-17Pipeline Closed