EPA v. LOWRY LANDFILL SITE/DE MINIMIS SETTLEMENT

Case summary

IN THE CASE OF A FACILITY WHERE THE TOTAL RESPONSE COSTS EXCEED $500,000, A CLAIM FOR COSTS UNDER SECTION 107 OF CERCLA MAY BE COMPROMISED AND SETTLED ONLY WITH THE PRIOR WRITTEN APPROVAL OF THE ATTORNEY GENERAL. BY THIS REFERRAL LETTER, REGION VIII IS SEEKING SUCH APPROVAL OF THE ENCLOSED ADMINISTRATIVE ORDER ON CONSENT FOR AN ADMINISTRATIVE DE MINIMIS SETTLEMENT AGREEMENT. UNDER THE TERMS OF THE AGREEMENT, 5 PARTIES WILL BE ELIGIBLE FOR SETTLEMENT, COLLECTIVELY REPRESENTING APPROXIMATELY .04% OF THE TOTAL WASTE AT THE SITE. THIS SETTLEMENT IS APPROPRIATELY VIEWED AS AN EXTENSION OF THE PREVIOUS LOWRY LANDFILL DE MINIMIS SETTLEMENT MADE EFFECTIVE ON 03/22/93, AOC CERCLA 93-04. EPA RETAINED ITS ESTIMATE OF THE COST OF REMEDIATING THE SITE AT $536,000,000 AND THE SAME CUMULATIVE WASTE TOTAL FOR THE SITE, 142,295,420 GALLONS. THIS IS A TEN POINT SETTLEMENT AGREEMENT FOR APPROXIMATELY $653,700.

Defendants (1)

• LOWRY LANDFILL SITENamed in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• LOWRY LANDFILL SITE/DE MINIMIS SETTLEMENTentered 1995-01-01

  Primary law: CERCLA

Timeline (4 milestones)

• 1993-06-18Enforcement Action Data Entered
• 1993-06-18Complaint Filed/Proposed Order
• 1995-01-01Final Order Issued
• 1995-01-01Enforcement Action Closed