EPA v. SCOTT COUNTY SPORTMEN'S ASSOCIATION, DAVENPORT, IA

Case summary

1/11/00: ON DECEMBER 23 AND 28, THE REGIONAL ADMINISTRATOR EXECUTED THE CONSENT DECREE AND PROSPECTIVE PURCHASER AGREEM ENT (PPA) FOR THE NAHANT MARSH SUPERFUND SITE. THE SETTLING DEFENDANT, SCOTT COUNTY SPORTSMEN'S ASSOCIATION (SCSA) SIGN ED THE CONSENT DECREE IN SEPTEMBER AND THE CITY OF DAVENPORT SIGNED THE PPA IN DECEMBER. THESE COMPANION SETTLEMENTS RESOLVE THE SUPERFUND LIABILITY OF THE CURRENT OWNER/OPERATOR AND THE FUTURE LAND OWNER. E PA REGION VII INCURRED ABOUT $2,000,000 IN RESPONSE COSTS CO NDUCTING A TIME-CRITICAL REMOVAL ACTION AT THE SITE IN 1999. THE SETTLEMENT WITH THE SCSA IS BASED ON THEIR ABILITY TO PAY. THE SCSA IS THE ONLY KNOWN PRP FOR THE SITE. THEIR ON LY ASSET IS THE LAND. THE SCSA AGREED TO PLACE A CONSERVATI ON EASEMENT ON THE LAND AND SELL THE LAND TO THE CITY OF DAV ENPORT. ALL SALE PROCEEDS WILL BE PAID TO EPA. THE CITY AGREES TO BUY THE LAND SUBJECT TO A CONSERVATION EASEMENT AND ESTABLISH AN ENVIRONMENTAL EDUCATI ON FACILITY ON THE LAND. THE FACILITY IS OF GREAT INTEREST TO THE COMMUNITY BECAUSE IT HAS A UNIQUE WETLAND ECOSYSTEM A ND IS LOCATED ALONG THE MISSISSIPPI RIVER AND MANY MIGRATORY BIRDS USE THE MARSH. THE SITE IS IN A SOMEWHAT URBAN AREA, MAKING IT ACCESSIBLE TO A LARGE NUMBERS OF PEOPLE. THE LOC AL ENVIRONMENTAL GROUPS HAVE RAISED HUNDREDS OF THOUSANDS OF DOLLARS TO ASSIST THE CITY IN ESTABLISHING THE ENVIRONMENTA L EDUCATION FACILITY. LOCAL COLLEGES, HIGH SCHOOLS AND ELEM ENTARY SCHOOLS WILL BE ABLE TO USE THE SITE WAS USED BY THE SCSA FOR TRAP AND SKEET SHOOTING FO R ABOUT 25 YEARS RESULTING IN EXTENSIVE LEAD CONTAMINATION A T THE MARSH AND SOIL AROUND THE CLUB ACTIVITIES. EPA AND T HE U.S. FISH AND WILDLIFE SERVICE DETERMINED THAT THE LEAD I N THE WETLANDS AND SOIL PRESENTED A SIGNIFICANT RISK TO WILD LIFE AND A HUMAN HEALTH RISK FOR RECREATIONAL VISITORS. DURING THE TIME-CRITICAL REMOVAL ACTION, EPA EXCAVATED 49,16 2 CUBIC YARDS OF LEAD CONTAMINATED SEDIMENT FROM THE MARSH. ALL OF THIS MATERIAL WAS UTILIZED AT THE SCOTT COUNTY LANDFI LL AS FILL MATERIAL FOR THE COVER FOR A CLOSED LANDFILL CELL . 10,416 CUBIC YARDS OF LEAD CONTAMINATED SOIL WAS EXCAVATE D, WITH ALL THIS MATERIAL BEING UTILIZED IN THE EXISTING LAN DFILL AS DAILY COVER. ALL OF THE LEAD CONTAMINATED SEDIMEN T/SOIL WAS UTILIZED AT THE LANDFILL - NONE OF IT WENT INTO T HE LANDFILL AND TOOK UP LANDFILL

Defendants (1)

• SCOTT COUNTY SPORTMEN'S ASSOCIATIONNamed in complaintNamed in settlement

Facilities (1)

• SCOTT CNTY PROPERTY

  1028 ASH, DAVENPORT, IA, 528020000

  Registry ID: 110010649012

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SCOTT COUNTY SPORTSMEN'S ASSOCIATIONentered 2000-04-19

  Primary law: CERCLA

Timeline (8 milestones)

• 1999-12-23Referred To Dept Of Justice
• 2000-01-11Enforcement Action Data Entered
• 2000-04-19Complaint Filed With Court
• 2000-04-19Concluded
• 2000-04-19Final Order Lodged
• 2000-04-19Final Order Entered
• 2000-11-28Enforcement Action Closed
• 2000-11-28Pipeline Closed