EPA v. UNITED TECHNOLOGIES AUTOMOTIVE SYSTEMS (UTAS), KEOKUK, IA

Case summary

2/24/00: THE SHELLER-GLOBE DISPOSAL SITE IS LOCATED APPROXI MATELY FOUR MILES NORTHEAST OF THE CITY OF KEOKUK, IOWA. SHE LLER-GLOBE CORPORATION (SUBSEQUENTLY KNOWN AS UNITED TECHNOL OGIES AUTOMOTIVE SYSTEMS, INC. AND NOW KNOWN AS UTAS) PURCHA SED THE SITE IN 1948. FROM 1948 UNTIL 1972, IT HAULED WASTE MATERIALS TO THE SITE FROM THE FORMER SHELLER-GLOBE FACILIT Y LOCATED IN KEOKUK. DURING THE YEARS THE SITE WAS USED AS A DISPOSAL AREA, THE SHELLER-GLOBE KEOKUK PLANT MANUFACTURED VARIOUS RUBBER PRODUCTS AND AUTOMOBILE PARTS. THE WASTE MA TERIAL BROUGHT TO THE SITE FOR DISPOSAL INCLUDED RUBBER, WOO D, PAPER, PLASTICS, AND DRUMS OF VARIOUS SOLVENTS AND PAINT SLUDGES. THESE WASTE MATERIALS WERE BROUGHT TO THE SITE VIA AN ACCESS ROAD RUNNING ALONG THE CREST OF A HILL ON THE SIT E. THE WASTES WERE DUMPED AT THE CREST OF THE HILL, PERIODI CALLY BURNED, AND BULLDOZED OVER THE HILLSIDES. IN 1972, SHE LLER-GLOBE DISCONTINUED THE USE OF THE SITE AS A DISPOSAL AR EA AND THE PRIMARY DISPOSAL AREA WAS COVERED WITH SOIL.A PRI VATE HOME WAS SUBSEQUENTLY CONSTRUCTED ON THE SITE AND USED AS A PRIMARY RESIDENCE UNTIL 1991.IN 1986 AND 1987, EPA COND UCTED SITE INVESTIGATIONS AT THE SITE. THE SITE SCORED A 3 5.42 ON EPA'S HAZARDOUS RANKING SYSTEM. IT WAS PROPOSED TO BE ADDED TO THE NATIONAL PRIORITIES LIST (NPL) IN THE FEDERA L REGISTER ON MAY 5, 1989. 54 FED. REG. 19526 (MAY 5, 1989) . THE PROPOSED LISTING WAS FINALIZED ON SEPTEMBER 30, 1990. 55 FED. REG. 35502 (SEPTEMBER 30, 1990). BASED ON COMMENT S PROVIDED DURING THE PUBLIC COMMENT PERIOD, THE FINAL HAZAR DOUS RANKING SYSTEM SCORE WAS ADJUSTED DOWNWARD TO 33.66. A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) WAS CONDU CTED ON THE SITE BY UNITED TECHNOLOGIES AUTOMOTIVE SYSTEMS, INC. (UTAS) PURSUANT TO AN ADMINISTRATIVE ORDER ON CONSENT ( AOC) ENTERED INTO BY SHELLER-GLOBE AND EPA ON OCTOBER 23, 19 90. (ATTACHMENT I, ADMINISTRATIVE ORDER ON CONSENT) SHELLE R-GLOBE ALSO AGREED IN THE AOC TO PAY EPA'S PAST COSTS AT OR IN CONNECTION WITH THE SITE AS WELL AS THE COSTS INCURRED B Y EPA ASSOCIATED WITH OVERSIGHT OF THE AOC. SHELLER-GLOBE C HANGED ITS NAME TO UNITED TECHNOLOGIES AUTOMOTIVE SYSTEMS, INC. SUBSEQUENT TO SIGNING THE AOC. UNITED TECHNOLOGIES AUT OMOTIVE SYSTEMS HAS PAID PAST COSTS PURSUANT TO THE AOC IN T HE AMOUNT OF $651,052. THE PROPOSED PLAN SUMMARIZING THE RI /FS AND STATING THE PREFERRED REMEDY WAS PUT OUT FOR PUBLIC COMMENT ON AUGUST 1, 1995. A PUBLIC HEARING WAS HELD IN KEOK UK ON AUGUST 8. THE PUBLIC COMMENT PERIOD ENDED ON AUGUST 30 , 1995. A RECORD OF DECISION WAS SIGNED ON BY EPA ON SEPTEM BER 20, 1995. THE OBLIGATIONS OF UTAS UNDER THE CONSENT DEC REE INCLUDED INCLUDE FINANCING AND PERFORMING THE WORK. UTA S ALSO WILL REIMBURSE THE UNITED STATES FOR FUTURE RESPONSE COSTS, THAT IS, THOSE COSTS INCURRED AFTER THE ROD DATE. THE OBLIGATIONS OF THE GRIMES UNDER THE CONSENT DECREE INCLU DE PROVIDING NOTICE AND ACCESS, AND IMPLEMENTING INSTITUTION AL CONTROLS ON THE SITE. PURSUANT TO THE TERMS OF THE CONSE NT DECREE, THE CONSENT TO ALLOW ACCESS AGREEMENT ENTERED INT O BY THE OWNERS OF THE SITE, DAVID B. AND MIRIAM GRIMES, AND UTAS, DATED SEPTEMBER 10, 1991, REMAINS IN EFFECT AND EXIST ENCE. UNDER THIS AGREEMENT, THE GRIMES CONSENT TO ALLOW SHELLER-GLOBE CORPORATION, EPA, THE STATE OF IOWA, AND ANY O THER POTENTIALLY RESPONSIBLE PERSONS TO ENTER UPON THE PROPE RTY TO EFFECTUATE THE TERMS OF THE AOC AND TO COMPLY WITH AN Y SUBSEQUENT ORDERS THAT MAY BE ISSUED OR ENTERED INTO WITH RESPECT TO THE INVESTIGATION, REMEDIATION AND/OR MONITORING OF THE SITE. THE INSTITUTIONAL CONTROL IMPLEMENTED BY THE G RIMES CONSISTS OF A RESTRICTIVE COVENANT WHICH WILL RUN WITH THE LAND. THE LAND USE RESTRICTIONS ARE INTENDED TO PROHIB IT ANY USE OF THE SITE OR OTHER PROPERTY WHICH IN ANY MANNER WOULD INTERFERE WITH OR ADVERSELY AFFECT THE INTEGRITY OR P ROTECTIVENESS OF THE WORK TO BE IMPLEMENTED UNDER THE CONSEN T DECREE. THE RESTRICTIONS INCLUDE

Defendants (2)

• MIRIAM AND DAVID B. GRIMESNamed in complaintNamed in settlement
• UNITED TECHNOLOGIES AUTOMOTIVE SYSTEMSNamed in complaintNamed in settlement

Facilities (1)

• SHELLER-GLOBE DISPOSAL SITE

  AIRPORT RD & 260TH ST, KEOKUK, IA, 52632

  Registry ID: 110010693730

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• UNITED TECHNOLOGIES AUTOMOTIVE SYSTEMS, INC.entered 1999-03-09

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-07-28Referred To Dept Of Justice
• 1999-03-03Complaint Filed With Court
• 1999-03-09Final Order Lodged
• 1999-03-09Final Order Entered
• 2000-02-24Enforcement Action Data Entered
• 2000-04-11Enforcement Action Closed
• 2000-04-11Pipeline Closed