EPA v. SPOKANE COUNTY/KEY TRONIC CORP - COLBERT LANDFILL

Case summary

THIS REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO IMPLEMENT REMEDIAL ACTIONS PURSUANT TO SECTION 106 AND 107 OF CERCLA, AS AMENDED BY SARA, 42 USC, 9606 & 9607. THE SUBJECT OF THIS ACTION IS THE COLBERT LANDFILL NPL SITE IN SPOKANE, WA. A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY OF THE COLBERT LANDFILL SITE, CONDUCTED BY WA DEPT OF ECOLOGY UNDER A COOPERATIVE AGREEMENT WITH EPA, WAS COMPLETED IN 5/87. EPA ISSUED A REMEDIAL ACTION FOR THE SITE. 9 NOTICE LETTERS AND 3 SPECIAL NOTICE LETTERS WERE SENT TO PRP'S IN 1/88, PURSUANT TO SECTION 122 OF CERCLA, 42, USC, 9622, INITIATING A NEGOTIATION MORATORIUM. THE PRP'S INCLUDE GENERATORS AND THE OWNER/OPERATOR OF THE SITE. AFTER EXTEN- SIVE NEGOTIATIONS, A COMPREHENSIVE SETTLEMENT HAS BEEN AGREED TO BY 3 OF THE PARTIES. BASED ON INFORMATION DEVELOPED DURING THE MORATORIUM PERIOD, IT WAS DETERMINED THAT THE U S AIR FORCE QUALIFIED FOR A 'DE MINIMUS' SETTLEMENT UNDER SECTION 122(G) OF CERCLA 42 USC, 9622(G). AN IAG HAS BEEN NEGOTIATED. A CONSENT DECREE HAS BEEN NEGOTIATED WITH TWO SETTLING PRP'S FOR IMPLEMENTING THE REMEDIAL ACTION AND REPAYING PAST COSTS INCLUDING INTEREST. EPA HAS AGREED TO PREAUTHORIZED MIXED FUNDING TO PROVIDE ABOUT 10% REIMBURSEMENT FUNDS TO THE IMPELEMENTING PARTY, SPOKANE COUNTY, AS THE NON-SETTLING PARTY'S SHARE. FUTURE EPA OVERSIGHT COSTS WILL BE PAID BY THE SETTLING PRP'S UNDER THIS DECREE. FINAL CHANGES TO THE CONSENT DECREE AND THE ISSUANCE OF THE AUTHORIZATION DECISION DOCUMENT WITHIN THE LAST FEW DAYS HAVE RESULTED IN THE INABILITY OF KEY TRONIC CORP TO ARRANGE FOR A CORPOARATE BOARD OF DIRECTORS MEETING TO OBTAIN A SIGNATURE ON THE CONSENT DECREE PRIOR TO THE END OF THE GOVERNMENT'S 4TH QUARTER. THE REGION HAS RECEIVED WRITTEN CONFIRMATION OF KEY TRONIC'S INTENT TO SIGN THE DOCUMENT WITHIN THE NEXT WEEK.

Defendants (2)

• KEY TRONIC CORPNamed in complaintNamed in settlement
• SPOKANE COUNTYNamed in complaintNamed in settlement

Facilities (1)

• COLBERT LANDFILL

  22515 N ELK CHATTEROY RD, SPOKANE, WA, 99021

  Registry ID: 110008217321

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CONSENT DECREEentered 1989-02-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-09-30Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1989-01-09Complaint Filed With Court
• 1989-02-28Concluded
• 1989-02-28Final Order Lodged
• 1989-02-28Final Order Entered
• 1998-11-12Enforcement Action Closed