EPA v. SEATTLE DISPOSAL COMPANY, ET AL

Case summary

THE TULALIP LANDFILL ISLOCATED ON THE TULALIP INDIAN RESERVATION IN SNOHOMISH COUNTY, WA. IN 1964, THE TULALIP SECTION 17 CORPORATION LEASED THE LANDFILL SITE TO SEATTLE DISPOSAL COMPANY FOR A 10 YEAR PERIOD; A SECOND LEASE WAS EXECUTE IN 1972. WASTE MATERIAL FROM KING COUNTY, SNOHOMISH COUNTRY AND SURROUNDING COMMUNITIES WAS DELIVERED TO THE SITE. IN 1979 THE LANDFILL WAS CLOSED AND CAPPED BY SDC. IN 1985 THE TRIBES SOUGHT TO PLACE A THICKER SOIL CAP OVER THE LANDFILL TO ADDRESS PONDING OF LEACHATE. IN 1985, TRIBES APPLIED TO EPA FOR NPDES PERMIT FOR DISPOSAL OF MATERIAL ON LANDFILL SURFICE, WHICH WAS DELINATED AS WETLANDS . FROM 1986 TO 1990, TULALIP SECTION 17 CORPORATION, CONTRACTED WITH R.W. RHONE TO PERFORM CAPPING PROJECT. RHINE BROUGHT MATERIALS FROM DEMOLTION OF STRUCTURES FROM U.S. NAVY'S CONSTRUCTION OF HOME PORT IN EVERETT, WA. IN 1990, EPA WROTE TRIBES REGARDING DISPOSAL OF MATERIALS WITHOUT EPA APPROVAL AND RECOMMENDED OPERATIONS CEASE. EPA HAS IDENTIFIED OVER 6,000 PRPS FOR THIS SITE. TERNS OF GLOBAL SETTLEMENT INVOLVE WASTE MANAGEMENT PAYING COSTS OF REMEDIAL DESIGN AND OVERALL PROJECT MANAGEMENT AND ASSUME FULL RESPONSIBILITY FOR COST OVERRUNS. TRIBES WOULD BE RESPONSIBLE FOR CONDUCTING O&M FOR 25 TO 27 YEARS, ALONG WITH $1 MILLION DOLLARS. MONEY FOR IMPLEMENTING REMEDY IS PROVIDED BY PARTIES AS FOLLOWS: $7,38\68.361 FROM DE MINIMIS SETTLEMENT; $3,164,566 FROM SDS; $1,521,616 FROM SECOND DEMINIMIS SETTLEMENT; $1,250,000 FROM NAVY AND BIA; $150,000 FROM R.W. RHINE. SDC WOULD PAY $9.5 MILLION. UNDER SETTLEMENT, WASTE MANAGEMENT WILL DESIGN AND BUILD LANDFILL COVER SYSTEM AND GAS COLLECTION SYSTEM. WORK TO BEGIN LATE SUMMER OF 1997.

Defendants (15)

• TULALIP TRIBES OF WASHINGTON (CWA ONLY)Named in complaintNamed in settlement
• U.S. DEPARTMENT OF INTERIOR (BIA)Named in complaintNamed in settlement
• U.S. NAVYNamed in complaintNamed in settlement
• UNIVERSITY OF WASHINGTONNamed in complaintNamed in settlement
• WASHINGTON WASTE HAULING & RECYCLINGNamed in complaintNamed in settlement
• PORT OF SEATTLENamed in complaintNamed in settlement
• QUEMETCO, INC.Named in complaintNamed in settlement
• R.W. RHINE, INC.Named in complaintNamed in settlement
• SEARS, ROEBUCK & COMPANYNamed in complaintNamed in settlement
• SEATTLE DISPOSAL COMPANYNamed in complaintNamed in settlement
• SEATTLE SCHOOL DISTRICTNamed in complaintNamed in settlement
• TULALIP SECTION 17 CORPORATION (CWA ONLYNamed in complaintNamed in settlement
• CITY_OF MERCER ISLANDNamed in complaintNamed in settlement
• LOCKHEED-MARTIN COMPANYNamed in complaintNamed in settlement
• MONSANTO COMPANYNamed in complaintNamed in settlement

Facilities (1)

• US EPA TULALIP LDFL

  T30N R5E S32 S1/2, MARYSVILLE, WA, 98270

  Registry ID: 110008217367

Statutes cited

• CERCLA 122H3 — Superfund
• CWA 309 — Violation of Existing AO
• CERCLA 107A — Cost Recovery
• CWA 301 — NPDES Discharge without a Permit
• CWA 311 — Oil and Hazardous Substance Liability
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SEATTLE DISPOSAL COMPANYentered 1998-03-19

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-07-29Referred To Dept Of Justice
• 1997-08-28Enforcement Action Data Entered
• 1997-09-08Complaint Filed With Court
• 1997-09-08Final Order Lodged
• 1998-03-19Concluded
• 1998-03-19Final Order Entered
• 2001-07-02Enforcement Action Closed