EPA v. UNIVERSITY OF NEBRASKA

Case summary

THE DEPARTMENT OF DEFENSE HAS REFERRED TO DOJ A CONTRIBUTION ACTION TO SEEK TO OBTAIN BACK THE TOTAL $150 MILLION IN PAST AND FUTURE COSTS DOD HAS ESTIMATED THAT IT HAS SPENT OR WILL SPEND FOR THIS SITE. EPA, AT THE SAME TIME, REFERRED A COST RECOVERY CASE FOR ITS ESTIMATED $2 MILLION IN PAST COSTS; WE WILL ALSO TRY TO OBTAIN OUR FUTURE COSTS, AS WELL AS A DECLARATORY JUDGMENT IF THE CASE IS PURSUED IN COURT. EPA'S COSTS AT THIS SITE ARE PRIMARILY FROM OVERSIGHT OF A CLEANUP THE ARMY IS CONDUCTING UNDER A SECTION 120 AGREEMENT SIGNED WITH EPA AND THE STATE OF NEBRASKA IN 1991. IN ADDITION TO DOD, THE OTHER PRPS AT THIS SITE WHO HAVE RECENTLY BEEN NOTIFIED ARE: THE PRIMARY LANDOWNER, THE UNIVERSITY OF NEBRASKA, WHICH HAS WASTE DISPOSAL AREAS OF ITS OWN AT THE SITE, AND THREE PRIVATE COMPANIES WHO WERE MILITARY CONTRACTORS AT THE SITE, NAMELY FIRESTONE/BRIDGESTONE, GENERAL DYNAMICS, AND DOW CHEMICAL. DISCUSSIONS ARE ONGOING (U. OF NEBRASKA, FIRESTONE/BRIDGESTONE) OR EXPECTED SOON (WITH DOW, GENERAL DYNAMICS) AS OF THIS WRITING IN SEPTEMBER 2003. BECAUSE THE UNIVERSITY DECLINED TO SIGN A TOLLING AGREEMENT, TO TOLL THE STATUTE OF LIMITATIONS, THE UNITED STATES FILED A COMPLAINT ON 1/31/03 AGAINST THE UNIVERSITY OF NEBRASKA IN ORDER TO MAKE SURE THAT OUR ACTION AGAINST THEM IS NOT WAIVED BY THE PASSAGE OF TIME. THE UNIVERSITY OF NEBRASKA, AS THE PRIMARY LANDOWNER, IS NEEDED FOR ACCESS AND INSTITUTIONAL CONTROLS, AND TO ADDRESS THEIR SEPARATE WASTE DISPOSAL AREAS IF FURTHER ACTION ON THOSE AREAS IS NEEDED. THE UNIVERSITY HAS CLAIMED THAT IT IS FINANCIALLY UNABLE TO TAKE ACTION AT THE SITE. AN ABILITY TO PAY ANALYSIS BY INDUSTRIAL ECONOMICS, INC. IS UNDER WAY.

Defendants (1)

• UNIVERSITY OF NEBRASKANamed in complaintNamed in settlement

Facilities (1)

• NEBRASKA ORDNANCE PLANT (FORMER)

  .5 MI E OF, MEAD, NE, 68041

  Registry ID: 110009297849

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• UNIVERSITY OF NEBRASKAentered 2005-05-13

  Primary law: CERCLA

Timeline (7 milestones)

• 2003-01-27Referred To Dept Of Justice
• 2003-01-31Complaint Filed With Court
• 2003-09-26Enforcement Action Data Entered
• 2005-05-13Enforcement Action Closed
• 2005-05-13Final Order Entered
• 2005-05-13Final Order Lodged
• 2005-05-13Pipeline Closed