# MAXEY FLATS RD/RA
> **Judicial** · FY1992 · — · Final Order With Unspecified Cost Recovery
## Case
- **Activity ID:** `20756`
- **Case Number:** 04-1992-0024
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Unspecified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** $70.00M
- **Multimedia (multi-env):** N
## Defendants
- ALLIEDSIGNAL, INC. (complaint) (settlement)
- AMAX, INC. (complaint) (settlement)
- ARKANSAS POWER & LIGHT CO. (complaint) (settlement)
- ATCOR, INC. (complaint) (settlement)
- ATLANTIC RICHFIELD CO. (complaint) (settlement)
- BABCOCK & WILCOX CO. (complaint) (settlement)
- BATTELLE MEMORIAL INSTITUTE (complaint) (settlement)
- BOSTON EDISON COMPANY (complaint) (settlement)
- CAROLINA POWER & LIGHT CO. (complaint) (settlement)
- CHEM-NUCLEAR SYSTEMS, INC. (complaint) (settlement)
- COMBUSTION ENGINEERING, INC. (complaint) (settlement)
- COMMONWEALTH EDISON COMMPANY (complaint) (settlement)
- CONSOLIDATED EDISON CO. OF NEW YORK,INC. (complaint) (settlement)
- CONSUMERS POWER CO. (complaint) (settlement)
- CWM CONSOLIDATION SUB, INC. (complaint) (settlement)
- DOW CHEMICAL CO. (complaint) (settlement)
- E.I. DUPONT DE NEMOURS & CO. (complaint) (settlement)
- GENERAL DYNAMICS CORP. (complaint) (settlement)
- GENERAL ELECTRIC CO. (complaint) (settlement)
- IES UTILITIES, INC. (complaint) (settlement)
- INGALLS SHIPBUILDING (complaint) (settlement)
- IOWA ELECTRIC LIGHT & POWER CO. (complaint) (settlement)
- JERSEY CENTRAL POWER & LIGHT CO. (complaint) (settlement)
- KENTUCKY, COMMONWEALTH OF (complaint) (settlement)
- METROPOLITAN EDISON CO. (complaint) (settlement)
- MINNESOTA MINING & MANUFACTURING CO. (complaint) (settlement)
- NATIONAL AERONAUTICS & SPACE ADMIN.(NASA (complaint) (settlement)
- NDL ORGANIZATION, INC. (complaint) (settlement)
- NEW YORK POWER AUTHORITY (complaint) (settlement)
- NEWPORT NEWS INDUSTRIAL CORP. (complaint) (settlement)
- NEWPORT NEWS SHIPBUILDING & DRY DOCK CO. (complaint) (settlement)
- NIAGARA MOHAWK POWER CORP. (complaint) (settlement)
- NL INDUSTRIES, INC. (complaint) (settlement)
- NORTHEAST UTILITIES SERVICE CO. (complaint) (settlement)
- NUCLEAR FUEL SERVICES, INC. (complaint) (settlement)
- NUCLEAR METALS, INC. (complaint) (settlement)
- PECO ENERGY CO. (complaint) (settlement)
- ROCHESTER GAS & ELECTRIC CORP. (complaint) (settlement)
- SAFETY LIGHT CORP.(FOR U.S. RADIUM CORP) (complaint) (settlement)
- SAXTON NUCLEAR EXPERIMENTAL STATION (complaint) (settlement)
- SMITHKLINE BEECHAM CORP. (complaint) (settlement)
- U.S. DEPARTMENT OF ENERGY (complaint) (settlement)
- UNION CARBIDE CORP. (complaint) (settlement)
- UNITED STATES AIR FORCE (complaint) (settlement)
- UNITED STATES ARMY (complaint) (settlement)
- UNITED STATES NAVY (complaint) (settlement)
- US ECOLOGY, INC.(FOR NUCLEAR ENGIN CO.) (complaint) (settlement)
- VERMONT YANKEE NUCLEAR POWER CORP. (complaint) (settlement)
- VIRGINIA POWER (complaint) (settlement)
- WESTINGHOUSE ELECTRIC CORP. (complaint) (settlement)
## Summary

THE MAXEY FLATS DISPOSAL SITE (MFDS) IS LOCATED IN FLEMING   COUNTY, KENTUCKY.  FROM 1963 UNTIL 1977, MFDS WAS OPERATED   BY NUCLEAR ENGINEERING CO., INC.  (NECO) AS A LICENSED       DISPOSAL FACILITY FOR LOW-LEVEL RADIOACTIVE WASTE.  WHEN, IN 1977, IT WAS DISCOVERED THAT RADIOACTIVE LEACHATE WAS LEAK-  ING OUT OF THE WASTE BURIAL TRENCHES AND INTO THE UNDERLYING FRACTURED BEDROCK, DISPOSAL ACTIVITIES WERE TERMINATED.  THE MFDS WAS PLACED ON THE NPL IN NOVEMBER, 1986.  THE REMEDIAL  INVESTIGATION/FEASIBILITY STUDY (RI/FS) WAS CONDUCTED BY A   STEERING COMMITTEE OF 82 PRIVATE PARTY PRPS UNDER AN         ADMINISTRATIVE ORDER ON CONSENT, WITH A SIGNIFICANT PORTION  OF THE FUNDING BEING PROVIDED TO THE COMMITTEE BY THE        DEPARTMENT OF ENERGY AND THE DEPARTMENT OF DEFENSE, WHO ARE  ALSO PRPS AT THE SITE.  THE RECORD OF DECISION FOR THE MFDS  WAS ISSUED ON SEPT. 31, 1991.  THE REGION ISSUED THE NOTICE  LETTERS FOR RD/RA TO 52 OF THE APPROXIMATELY 650 SITE PRP'S  AT THE END OF JUNE, 1992.  DE MINIMIS SETTLEMENT IS  CONTEMPLATED FOR THE REMAINING PRP'S   THIS CASE INVOLVES A LOW LEVEL NUCLEAR WASTE LANDFILL IN  FLEMING COUNTY KY.  THE REMEDIAL ACTION INVOLVES DEWATERING  BURIAL TRENCHES AND INSTALLNG A SERIES OF CAPS TO PREVENT    FURTHER INFILTRATION.  THE REMEDY WILL BE IMPLEMENTED OVER A PERIOD OF 100 OR MORE YEARS.  THE ESTIMATED PRESENT VALUE    COST FOR THE REMEDY IS $62.7 MILLION.  EPA'S PAST COST ARE   MORE THAN $6 MILLION AND ESTIMATED OVERSIGHT COSTS ARE $7    MILLION.

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