EPA v. TACOMA, CITY OF

Case summary

THE TACOMA LANDFILL ( SITE ) HAS BEEN OWNED AND OPERATED AS A SOLID WASTE LANDFILL BY THE CITY OF TACOMA, REFUSE UTILITY DIVISION SINCE IT OPENED IN 1960. THE LANDFILL IS STILL RECEIVING WASTE, BUT MOST OF THE LANDFILL HAS BEEN FILLED. IN 1983, CHLORINATED ORGANIC COMPOUNDS WERE DETECTED IN GROUNDWATER AND IN SOILS NEAR THE LANDFILL. THAT YEAR, THE LANDFILL WAS PLACED ON THE NATIONAL PRIORITIES LIST AS A PART OF THE SOUTH TACOMA CHANNEL SITE. ON 6/27/86 THE CITY OF TACOMA AGREED TO CONDUCT THE REMEDIAL INVESTI- GATION AND FEASIBILITY STUDY (RI/FS) PURSUANT TO A CONSENT ORDER EXECUTED WITH THE STATE DEPARTMENT OF ECOLOGY. THE RI/FS IDENTIFIED 24 VOLATILE ORGANIC CHEMICALS IN THE GROUNDWATER. CONTAMINANT LEVELS IN THREE PRIVATE WELLS OFF-SITE EXCEEDED DRINKING WATER STANDARDS. CONTAMINANTS WERE ALSO FOUND IN THE SOIL, SURFACE WATER AND SEDIMENT. GENERATED LANDFILL GAS (METHANE) HAS ALSO BEEN IDENTIFIED AS A PROBLEM. A SYSTEM TO EXTRACT, COLLECT AND COMBUST GAS WAS INSTALLED IN 1986. GAS PROBES ARE USED TO EVALUATE THE EFFECTIVENESS OF THE SYSTEM. EPA, WITH STATE CONCURRENCE, ISSUED A RECORD OF DECISION ON 3/31/89 SETTING FORTH THE SELECTED REMEDIAL ACTION FOR THE SITE. BY RESOLUTION OF THE CITY COUNCIL, THE CITY OF TACOMA EXPRESSED ITS DESIRE TO ASSUME SOLE RESPONSIBILITY FOR REMEDIAL ACTION AND COSTS, AND TO PROCEED WITH NEGOTIATIONS WITHOUT THE PARTICIPATION OF OTHER PRP'S. EPA REGION 10 AND THE STATE OF WASHINGTON AGREED TO PROCEED AT THIS SITE JOINTLY. A JOINT U S/STATE OF WA CONSENT DECREE FOR REMEDIAL DESIGN AND REMEDIAL ACTION (RD/RA) AND RECOVERY OF COSTS WAS NEGOTIATED, BASED ON BOTH CERCLA AND STATE HAZARDOUS SUBSTANCES CLEANUP AUTHORITY. THE SETTLEMENT WITH THE CITY OF TACOMA INCLUDES A FULL RECOVERY OF IDENTIFIED PAST AND FUTURE AGENCY COSTS AND A COMPLETE REMEDIAL ACTION. THE REMEDIAL ACTION INCLUDES CAPPING OF THE LANDFILL, CONTINUED EXTRACTION OF METHANE GAS, AND INSTALLATION OF A GROUNDWATER EXTRACTION AND TREATMENT SYSTEM TO CONTAIN AND TREAT GROUNDWATER CONTAMINANTS. THE SETTLEMENT PROVIDES FOR IMPLEMENTATION BY THE CITY WITH STATE AND EPA OVERSIGHT, AND FULL PAYMENT OF PAST AND FUTURE AGENCY COSTS. TREATMENT STANDARDS HAVE BEEN SET AT THE MAXIMUM CONTAM- INANT LEVEL (MCLS, 40 CFR 141.61) OR AT A SIMILARLY DEFINED HEALTH-BASED LEVEL (A10-6 RISK LEVEL FOR CARCINOGENIC CONSTITUENTS). TREATMENT WILL BE PERMANENT, AND WILL EFFECTIVELY REDUCE THE TOXICITY, MOBILITY, AND VOLUME OF THE CONTAMINANTS. THE SETTLEMENT REQUIRES ANY TREATMENT SYSTEM WHICH WILL PRODUCE AIR EMISSIONS TO BE DESIGNED TO MEET ANY APPROPRIATE STATE AIR TOXICS GUIDELINES, AND TO USE BEST AVAILABLE CONTROL TECHNOLOGY (BACT) ON THE EFFLUENT AIR STREAM. DISPUTES ARISING BETWEEN EPA AND THE STATE IN OVERSEEING IMPLEMENTATION OF THE CONSENT DECREE WILL BE RESOLVED IN ACCORDANCE WITH A MEMORANDUM OF AGREEMENT (MOA). THE MOA PROVIDES EPA WITH THE AUTHORITY TO MAKE THE FINAL DECISION IN THE EVENT OF SUCH DISPUTES, WITH OPPORTUNITY FOR THE STATE TO APPEAL SUCH DECISIONS TO THE COURT. SUCH APPEAL WILL BE GOVERNED BY APPLICABLE LAW.

Defendants (37)

• EIDE, G/ALPINE EQUIP RENTAL & SUPPLY
• FABULLICH, J/PARKER PAINT MFG CO
• FISHER, E/CHEMICAL PROCESSORS
• GIRARD, C/GIRARD CUSTOM COATERS INC
• HIRL, J/OCCIDENTAL CHEM CORP
• HORDER, R/GEORGIA-PACIFIC RESINS INC
• HUDSON, E/LINEN RENTAL CO
• IKEDA, T/FAMILY CLEANERS
• JENSEN, D & W/J&J AUTO BODY
• JONES, T/HIGHLAND DRY CLEANERS
• KAWASAKI, L/CAPITAL CLEANERS
• KEELER, T/OVERALL LAUNDRY SERVICES
• LONG, L/ATLAS FOUNDRY & MACHINE CO
• PERRY, M/NW CASCADE/REDFORD SEPTIC SER
• PHILLIPS, J/RIGHT WAY RADIATOR CO INC
• POWELL, R/REICHHOLD CHEM INC
• PRESTON, S/PENNWALT CORP
• ROBSON, T/RHEEM PACIFIC PACKAGING
• SCHATZ,H/GENERAL PLASTICS CORP
• TACOMA, CY OFNamed in complaintNamed in settlement
• VAIL, R/GENERAL METALS OF TACOMA INC
• WILBERT, R/RON'S OAKLAND GARAGE
• WILEY, C/PUGET SOUND PLYWOOD INC
• WILL, J/TAM ENGINEERING CORP
• YOKUM, G/COURTWRIGHT DIESEL & MACHINE
• …and 12 more

Facilities (2)

• TACOMA LANDFILL - CITY OF TACOMA

  3510 S MULLEN ST, TACOMA, WA, 98409

  Registry ID: 110005392388

• TACOMA LANDFILL - CITY OF TACOMA

  3510 S MULLEN ST, TACOMA, WA, 98409

  Registry ID: 110005392388

Statutes cited

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

Enforcement conclusions (1)

• TACOMA, CITY OFentered 1991-05-17

  Primary law: CERCLA

Timeline (8 milestones)

• 1988-05-31Enforcement Action Data Entered
• 1989-09-15Referred To Dept Of Justice
• 1989-09-15Referred TO U.S. Attorney
• 1989-11-13Complaint Filed With Court
• 1991-05-17Final Order Lodged
• 1991-05-17Final Order Entered
• 1991-05-17Concluded
• 2006-05-19Enforcement Action Closed