EPA v. U.S. V. CITY OF HASTINGS, DRAVO CORP, DUTTON-LAINSON (OU 5)

Case summary

2/24/00: THE NORTH LANDFILL SUBSITE IS PART OF THE HASTINGS GROUNDWATER CONTAMINATION SITE. THE SUBSITE IS A 13 ACRE F ORMER MUNICIPAL LANDFILL THAT WAS OPERATED BY THE CITY OF HA STINGS BETWEEN 1962 AND 1964. THE SITE IS OWNED BY BERNICE EDWARDS. EPA INVESTIGATIONS FOUND THAT THE LANDFILL WAS A S OURCE OF VOLATILE ORGANIC COMPOUND CONTAMINATION INCLUDING BUT NOT LIMITED TO TRICHLOROETHYLENE, TETRACHLOROETHENE, VIN YL CHLORIDE, 1,1,1-TRICHLOROETHANE, BENZENE, TOLUEN, XYLENE ETHYL BENZENE. EPA IDENTIFIED THE CITY AS LIABLE AS A FORME R OPERATOR OF CERCLA, IDENTIFIED THE CITY AS LIABLE AS A FOR MER OPERATOR UNDER SECTION 107(A)(2), AND IDENTIFIED BERNICE EDWARDS, THE OWNER, AS A LIABLE PARTY UNDER SECTION 107(A)( 1). THIS CONSENT DECREE EMBODIED AN AGREEMENT REACHED AFTER MEDIATION. THE CITY AND THE TWO PRIVATE PARTY GENERATORS W OULD PAY $1,034,670 IN PAST COSTS; THE OWNER WOULD PAY $10,0 00 BASED ON A LIMITED ABILITY TO PAY; AND THE U.S. NAVY WOUL D PAY $722,215. THE NAVY'S TOTAL REPRESENTED $679,510 FOR P AST AND FUTURE COSTS, $21,450 AS A PREMIUM COST OVERRUNS, AND $21,255 AS A PREMIUM FOR OVERSIGH T COSTS. THE CITY, DUTTON-LAINSON AND DRAVO AGREED TO PERFO RM THE WORK, WHICH EPA AGREED TO FUND THE ORPHAN SHARE BY FO RGIVING 17% OF TOTAL COSTS IT INCURRED. TOTAL COSTS WERE $2 ,603,000. EPA IS FORGIVING $836,115.

Defendants (4)

• BERNICE EDWARDSNamed in complaintNamed in settlement
• CITY OF HASTINGSNamed in complaintNamed in settlement
• DRAVO CORPNamed in complaintNamed in settlement
• DUTTON-LAINSON COMPANYNamed in complaintNamed in settlement

Facilities (1)

• NORTH LDFL SUBSITE

  BURLINGTON NORTHERN RAILROAD AND HWY 6, HASTINGS, NE, 68902

  Registry ID: 110010666047

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• U.S. V. CITY OF HASTINGS, DRAVO CORPORATION, DUTTOentered 1998-04-01

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-02-06Referred To Dept Of Justice
• 1998-02-06Complaint Filed With Court
• 1998-04-01Final Order Lodged
• 1998-04-01Final Order Entered
• 2000-02-24Enforcement Action Data Entered
• 2005-12-31Enforcement Action Closed
• 2005-12-31Pipeline Closed