EPA v. AMERICAN SHIZUKI CORPORATION; ARNOLD ENGINEERING CO AND TRW INC

Case summary

CONSENT DECREE PROVIDES FOR: (1) THE DESIGN AND IMPLEMENTATION OF THE REMEDIAL ACTION SELECTED B Y REGION VII OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY ( E PA ) IN A RECORD OF DECISION ISSUED ON APRIL 23, 1999, FOR T HE OPERABLE UNIT #1 ( OU1 ) PORTION OF THE SITE; AND (2) REI MBURSEMENT OF A SUBSTANTIAL PORTION OF EPA'S PAST RESPONSE C OSTS AND ALL OF EPA'S FUTURE RESPONSE COSTS INCURRED IN CONN ECTION WITH THE REMEDIAL DESIGN AND REMEDIAL ACTION ( RD/RA ) CONSENT DECREE. THE SETTLING PARTIES IN THIS CASE ARE TRW INC., AMERICAN SHIZUKI CORPORATION ( ASC ) AND THE ARNOLD E NGINEERING COMPANY ( ARNOLD ). TRW INC. OWNED OR OPERATED F ACILITIES IN OGALLALA, NEBRASKA FROM APPROXIMATELY 1960 THRO UGH 1989. THE EPA BELIEVES RELEASES OF HAZARDOUS SUBSTANCES TO THE GROUND WATER OCCURRED DURING THIS TIME PERIOD. ASC IS A CURRENT OWNER AND OPERATOR OF A FACILITY PREVIOUSLY OWN ED AND OPERATED BY TRW INC. AND AT WHICH RELEASES OF HAZARDO US SUBSTANCES OCCURRED. ARNOLD IS A CURRENT OWNER AND OPERA TOR OF A FACILITY AT WHICH RELEASES OF HAZARDOUS SUBSTANCES OCCURRED DURING THE PERIOD OF ARNOLD'S OWNERSHIP AND OPERATION.

Defendants (3)

• AMERICAN SHIZUKINamed in complaintNamed in settlement
• THE ARNOLD ENGINEERING COMPANYNamed in complaintNamed in settlement
• TRW INCNamed in complaintNamed in settlement

Facilities (2)

• OGALLALA GROUND WATER CONTAMINATION

  SW CORNER OF W 1ST & C ST, OGALLALA, NE, 69153

  Registry ID: 110009298447

• AMERICAN SHIZUKI CORPORATION

  301 W. O ST., OGALLALA, NE, 691530000

  Registry ID: 110000800740

Statutes cited

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

Enforcement conclusions (1)

• AMERICAN SHIZUKI CORPORATIONentered 2000-07-28

  Primary law: CERCLA

Timeline (8 milestones)

• 2000-06-29Referred To Dept Of Justice
• 2000-07-10Enforcement Action Data Entered
• 2000-07-28Final Order Lodged
• 2000-07-28Final Order Entered
• 2000-07-28Complaint Filed With Court
• 2000-07-28Concluded
• 2005-12-31Enforcement Action Closed
• 2005-12-31Pipeline Closed