EPA v. HASTINGS, NEBRASKA SOUTH LANDFILL SUBSITE

Case summary

10/9/01: GROUND WATER CONTAMINATION WAS FIRST DETECTED IN H ASTINGS, NEBRASKA IN DECEMBER 1983, WHEN CITIZENS COMPLAINED ABOUT THEIR DRINKING WATER. THE CITY REQUESTED ASSISTANCE FROM THE STATE OF NEBRASKA TO INVESTIGATE A POTENTIAL HEALTH THREAT. THE NEBRASKA DEPARTMENT OF HEALTH ANALYZED SAMPLES COLLECTED FROM CITY SUPPLY WELLS AND FOUND THAT ONE OF THE CITY SUPPLY WELLS, M-18, WAS CONTAMINATED WITH TRICHLOROETHY LENE ( TCE ). M-18 WAS IMMEDIATELY DECOMMISSIONED AND FURTH ER SAMPLING UNDERTAKEN. EPA WAS NOTIFIED AND BEGAN ITS INVE STIGATION IN 1984. IN APRIL, 1985, THE NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL ( NDEQ ) REQUESTED EPA TO TAKE LEAD ACTION AT THE HASTINGS SITE. DUE TO THE HIGH LEVELS OF VOL ATILE ORGANIC COMPOUNDS ( VOCS ) FOUND IN THREE MUNICIPAL WE LLS, EPA DESIGNATED THE CONTAMINATED AREA AS THE HASTINGS GR OUND WATER CONTAMINATION SITE. THE SITE COVERS THE CENTRAL INDUSTRIAL AREA OF THE CITY OF H ASTINGS AND ADJACENT AREAS OUTSIDE OF THE CITY LIMITS. THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST IN 1986. EPA INITIALLY ADDRESSED T HE SITE AS A SINGLE ENTITY AND ANTICIPATED A COMPREHENSIVE R ESPONSE ACTION WOULD REMEDIATE THE SITE. AS THE SITE INVEST IGATIONS EVOLVED, INCLUDING AN EXTENSIVE GROUND WATER MONITO RING PROGRAM, IT BECAME APPARENT THAT THE SITE WOULD REQUIRE THE DESIGNATION OF SEVERAL SUBSITES AND OPERABLE UNITS TO A DDRESS THE INDIVIDUAL SOURCES OF CONTAMINATION. EPA SUBSEQU ENTLY DIVIDED THE SITE INTO SEVEN SUBSITES BASED ON THE SOUR CES OF THE GROUND WATER CONTAMINATION. THE HASTINGS SOUTH L ANDFILL SUBSITE ( SOUTH LANDFILL ) IS ONE OF SEVEN SUBSITES WHICH MAKE UP THE LARGER HASTINGS SITE. THE SOUTH LANDFILL IS APPROXIMATELY 58 ACRES IN SIZE AND IS LOCATED SOUTHEAST O F THE CENTRAL BUSINESS DISTRICT OF HASTINGS. THE SOUTH LAND FILL IS A FILLED CLAY PIT AND BRICKYARD THAT WAS ORIGINALLY USED BY A LOCAL BRICK MAKER FOR SOURCE MATERIAL. BORROW OPERATIONS CEASED IN THE 1950S AND THE PIT WAS THEN A BANDONED. THE SOUTH LANDFILL WAS LATER OPERATED AS A MUNICI PAL LANDFILL BY THE CITY FROM THE EARLY 1960S TO THE EARLY 1980S AND ACCEPTED BOTH MUNICIPAL AND INDUSTRIAL WASTE. SUBSURFA CE INVESTIGATIONS PERFORMED BY U.S. EPA CONTRACTORS BEGINNIN G IN THE 1980S HAVE IDENTIFIED POTENTIAL IMPACTS TO GROUND W ATER AT THE SOUTH LANDFILL. EPA HAS DIRECTED A NUMBER OF INV ESTIGATIONS OF THE SITE AND MONITORING WELLS HAVE BEEN INSTA LLED WITHIN THE BOUNDARIES OF THE SOUTH LANDFILL. EPA'S INV ESTIGATIONS HAVE DETERMINED THAT WASTES BURIED IN THE SOUTH LANDFILL HAVE CONTAMINATED AND MAY CONTINUE TO CONTAMINATE T HE GROUND WATER BENEATH AND DOWN GRADIENT OF THE SUBSITE AND THAT THE SOIL-GAS ABOVE THE WATER TABLE IS ALSO CONTAMINATE D WITH VOCS, INCLUDING BUT NOT LIMITED TO: 1,1-DICHLOROETHAN E ( DCA ), 1,1-DICHLOROETHENE ( 1,1-DCE ), CIS-1,2-DICHLOROE THENE ( CIS-1,2-DCE ), TRICHLOROETHANE ( TCA ), TRICHLOROETH YLENE ( TCE ), TETRACHLOROETHYLENE ( PCE ), VINYL CHLORIDE, METHYLENE CHLORIDE AND BENZENE. VOCS ARE OR GANIC COMPOUNDS THAT EVAPORATE READILY AT ROOM TEMPERATURE. EPA BELIEVES THAT AS A RESULT OF VAPOR DEGREASING OPERATIONS AT AREA INDUSTRIES, CHLORINATED SOLVENTS CONTAINE D IN WASTE OIL AND SLUDGES WERE DISPOSED OF AT THE SOUTH LAN DFILL. THERE ARE TWO ASPECTS TO THE CONTAMINATION PROBLEMS AT THE SOUTH LANDFILL: THE LANDFILL, OR SOURCE AREA, AND THE UNDERLYING CONTAMINATED GROUND WATER. THE LANDFILL SOURCE INCLUDES BOTH THE LANDFILL SURFACE AND THE SUBSURFACE SOIL A BOVE THE UNDERLYING GROUND WATER, REFERRED TO AS THE VADOSE ZONE. THE GROUND WATER INCLUDES THE CONTAMINATED PLUME UNDE RLYING THE LANDFILL AND EXTENDING OFF-SITE. IN 1995 EPA RET AINED MORRISON KNUDSON TO PREPARE A REMEDIAL INVESTIGATION R EPORT ( RI ) FOR THE SOUTH LANDFILL TO CHARACTERIZE THE GROU ND WATER AND SOIL CONTAMINATION AT

Defendants (6)

• DUTTON-LAINSONNamed in complaintNamed in settlement
• ERIC INC.Named in complaint
• HOFF CLEANERSNamed in complaint
• CITY OF HASTINGS, NENamed in complaintNamed in settlement
• CONCRETE INDUSTRIES, INC.Named in complaintNamed in settlement
• DRAVO CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• HASTINGS GROUND WATER CONTAMINATION

  E CENTRAL HASTINGS, HASTINGS, NE, 68901

  Registry ID: 110009297965

• HASTINGS GROUND WATER CONTAMINATION

  E CENTRAL HASTINGS, HASTINGS, NE, 68901

  Registry ID: 110009297965

Statutes cited

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

Enforcement conclusions (1)

• U.S. V. CITY OF HASTINGS, DRAVO CORPORATION, DUTTOentered 2003-08-14

  Primary law: CERCLA

Timeline (8 milestones)

• 2001-09-28PRN Sent
• 2001-10-09Enforcement Action Data Entered
• 2003-08-01Referred To Dept Of Justice
• 2003-08-13Complaint Filed With Court
• 2003-08-14Final Order Entered
• 2003-08-14Final Order Lodged
• 2004-01-09Enforcement Action Closed
• 2004-01-09Pipeline Closed