EPA v. COLBERT LANDFILL

Case summary

LITIGATION REFERRAL FOR A DECLARATORY JUDGMENT ACTION UNDER SECTION 107 OF CERCLA. ACTION SEEKS A DECLARATORY JUDGMENT THAT ALUMAX AND ACR ARE RESPONSIBLE FOR COSTS INCURRED WITH RESPECT TO THE COLBERT LANDFILL SUPERFUND SITE. EPA HAS OBLIGATED $1.4 MILLION IN MIXED FUNDING COSTS TO BE EXPENDED FOR THE CLEAN UP OF THE COLBERT LANDFILL SITE. THIS COST RECOVERY ACTION FOLLOWS A 1988 REFERRAL REGARDING THE COLBERT LANDFILL WHICH RESULTED IN THE FOLLOWING AGREEMENTS: 1) A CONSENT DECREE WITH KEY TRONIC CORP TO PAY 4.2 MILLION DOLLARS TOWARDS CLEAN UP WND WITH SPOKANE COUNTY TO IMPLEMENT THE DESIGN, CONSTRUCTION AND OPERATION OF THE REMEDY AND PAY A PERCENTAGE OF RESPONSE COSTS AS WELL AS OVERSIGHT COSTS; 2) AN ADMINISTRATIVE ORDER ON CONSENT AND INTERAGENCY AGREEMENT WITH THE U.S. AIR FORCE TO PAY 1.4 MILLION DOLLARS TOWARDS CLEAN UP; 3) AN U.S. EPA COMMITMENT TO REIMBURSE SPOKANE COUNTY FOR UP TO 1.4 MILLION DOLLARS PURSUANT TO U.S. EPA'S MIXED FUNDING AUTHORITY. THE ABOVE AGREEMENTS RESULTED FROM A REFERRAL FROM THIS OFFICE TO DOJ ON 9/29/88. PURSUANT TO THESE AGREEMENTS, THE LIABILITY OF THE U.S. AIR FORCE, SPOKANE COUNTY AND KEY TRONICS HAS BEEN RESOLVED. HOWEVER, TWO NON-SETTLING PRP'S (ACR AND ALUMAX) ARE AVAILABLE FOR RECOVERY OF THE U.S. EPA'S MIXED FUNDING COSTS. EPA HAS GRANTED THE COUNTY OF SPOKANE MIXED FUNDING PREAUTHORIZATION WHICH RECOGNIZES EPA'S COMMITMENT TO PAY THE COUNTY OF SPOKANE 1.4 MILLION DOLLARS IF THE RESPONSE ACTION IS CONDUCTED IN ACCORDANCE WITH THE PREAUTHORIZATION AND IF COSTS ARE REASONABLE AND NECESSARY. THIS PREAUTHORIZATION AUTHORIZES SPOKANE COUNTY TO SUBMIT A CLAIM AGAINST THE SUPERFUND FOR AN AMOUNT NOT TO EXCEED THE LESSER OF 1.4 MILLION DOLLARS OR 11.5% OF REASONABLE AND NECESSARY ELIGIBLE COSTS. IN SUBMITTING CLAIMS TO THE SUPERFUND, SPOKANE COUNTY MUST MEET SPECIFIC DOCUMENTING REQUIREMENTS. CLAIMS AGAINST THE SUPERFUND MAY ONLY BE MADE WHILE SPOKANE COUNTY IS IN COMPLIANCE WITH THE CONSENT DECREE AND NO MORE FREQUENTLY THAN THE FOLLOWING INTERVALS OF: A) COMPLETION OF PHASE II DESIGN (3 YEARS); B) COMPLETION OF CONSTRUCTION (4 YEARS); C) COMPLETION OF STARTUP AND VERIFICATION (5 YEARS). BEFORE SUBMITTING A MIXED FUNDING CLAIM TO EPA, SPOKANE COUNTY MUST REQUEST PAYMENT FROM THE NON-SETTLING PRP'S. TO DATE, SPOKANE COUNTY HAS NOT SUBMITTED ANY MIXED FUNDING CLAIMS TO EPA OR PRP'S. OVER THE LAST FEW MONTHS, A THIRD PARTY COST RECOVERY ACTION WAS INITIATED BY KEY TRONIC (A SETTLING PRP) AGAINST THE AIR FORCE AND ALUMAX TO RECOVER ITS COSTS RELATED TO THIS SITE. THE AIR FORCE'S PARTICIPATION IN THIS SUIT IS LIKELY TO END SOON EITHER THRU A SUCCESSFUL MOTION TO DISMISS OR SETTLEMENT. HOWEVER, THIS THIRD-PARTY COST RECOVERY ACTION PRESENTS AN OPPORTUNITY FOR EPA TO INITIATE ITS ACTION TO RECOVER ITS MIXED FUNDING COSTS.

Defendants (2)

• ACR INC (UNITED PAINT)
• ALUMAX IRRIGATION PRODUCTSNamed in complaintNamed in settlement

Facilities (1)

• COLBERT LANDFILL

  22515 N ELK CHATTEROY RD, SPOKANE, WA, 99021

  Registry ID: 110008217321

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• COLBERT LANDFILLentered 1993-06-01

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-06-28Enforcement Action Data Entered
• 1990-06-28Referred To Dept Of Justice
• 1991-02-11Complaint Filed With Court
• 1993-06-01Final Order Lodged
• 1993-06-01Final Order Entered
• 1993-06-01Concluded
• 1995-02-22Enforcement Action Closed