# WINGATE ROAD LANDFILL AND INCINERATOR SITE
> **Judicial** · FY1996 · — · Final Order With Unspecified Cost Recovery
## Case
- **Activity ID:** `21689`
- **Case Number:** 04-1996-0260
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Unspecified Cost Recovery
- **Penalty assessed:** $0
- **Cost recovery:** $0
- **Compliance action $:** $16.00M
- **Multimedia (multi-env):** N
## Defendants
- ALLIED MARINE (complaint) (settlement)
- AMERICAN BATTERY & ALTERNATOR, INC. (complaint) (settlement)
- AMOCO OIL CO. (complaint) (settlement)
- BELCHER OIL (complaint) (settlement)
- BELLSOUTH TELECOMMUNICATIONS, INC. (complaint) (settlement)
- BRADFORD MARINE, INC. (complaint) (settlement)
- BRIDGESTONE/FIRESTONE, INC. (complaint) (settlement)
- BROWARD COUNTY, FL, PORT EVERGLADES ADM. (complaint) (settlement)
- BROWARD GENERAL MEDICAL CENTER (complaint) (settlement)
- BROWNING-FERRIS SERVICES, INC. (complaint) (settlement)
- CHEVRON U.S.A. INC. (complaint) (settlement)
- CITGO (OXY USA INC) (complaint) (settlement)
- COASTAL FUELS MARKETING, INC. (complaint) (settlement)
- CONNOR BROWN CO. (complaint) (settlement)
- CONTINENTAL GENERAL TIRE, INC. (complaint) (settlement)
- FINISH MASTER, INC. (complaint) (settlement)
- FLORIDA COCA-COLA BOTTLING CO. (complaint) (settlement)
- FLORIDA POWER AND LIGHT COMPANY (complaint) (settlement)
- FORT LAUDERDALE LINCOLN MERCURY (complaint) (settlement)
- FORT LAUDERDALE NEWS AND SUN-SENTINEL (complaint) (settlement)
- FT. LAUDERDALE, CITY OF (complaint) (settlement)
- GOODYEAR TIRE & RUBBER CO (complaint) (settlement)
- HATTERAS OF LAUDERDALE (complaint) (settlement)
- HILL YORK CORP. (complaint) (settlement)
- HILL YORK SERVICE CORP. (complaint) (settlement)
- HILL YORK SERVICE CORPORATION (complaint) (settlement)
- KING MOTOR COMPANY OF FORT LAUDERDALE (complaint) (settlement)
- LDI AUTO PAINTS (complaint) (settlement)
- MARLIN IMPORTS, INC. (complaint) (settlement)
- NORTH BROWARD HOSPITAL DISTRICT (complaint) (settlement)
- NORTON TIRE COMPANY (complaint) (settlement)
- POWELL MOTORS, INC. (complaint) (settlement)
- REPUBLIC INDUSTRIES, INC. (complaint) (settlement)
- RINKER MATERIALS CORP. (complaint) (settlement)
- SEARS, ROEBUCK AND COMPANY (complaint) (settlement)
- SHELL OIL (complaint) (settlement)
- SLATON CHEVROLET (complaint) (settlement)
- STAR MOTORS (complaint) (settlement)
- SUMMERFIELD BOAT WORKS, INC. (complaint) (settlement)
- TEXACO (complaint) (settlement)
- WASTE MANAGEMENT, INC. OF FLORIDA (complaint) (settlement)
## Summary

U.S. EPA, REGION 4 IS PROPOSING TO ENTER INTO THE CONSENT    DECREE PURSUANT TO SECTIONS 106 AND 107 OF CERCLA 42 U.S.C.  9606 AND 9607. THE SETTLEMENT INVOLVES A GROUP CONSISTING OF TWENTY-THREE SETTLING DEFENDANTS WHICH HAVE AGREED TO FUND   AND IMPLEMENT THE LANDFILL CAPPING REMEDY SET FORTH IN THE   RECORD OF DECISION ROD AND EXPLANATION OF SIGNIFICANT        DIFFERENCES ESD ISSUED BY U.S. EPA REGION 4 ON MAY 14, 1996  AND NOVEMBER 10,1997 RESPETIVELY FOR THE WINGATE ROED        INCINERATOR AND LANDFILL SUPERFUND SITE. THE SETTLING        DEFENDANTS COMPRISE A GROUP ENTAILING THE OWNER/OPERATOR     GENERATORS AND TRANSPORTERS OF CERCLA HAZARDOUS SUBSTANCES   RELEASED AT THE SITE. THE ATTACHED CONSENT DECREE REQUIRES   THE SETTLING DEFENDANTS TO FINANCE AND CONDUCT THE RD/RA     WHICH INCLUDES CONSTRUCTION OF A GEOSYNTHETIC MEMBRANE CAP   OVER THE SITE PROPERTY. THE ESTIMATED COST OF IMPLEMENTING   THIS REMEDT IS $16,000,000. THE SETTLEMENT ALSO INCLUDES     PROVIDING THE PRP'S WITHORPHAN SHARE COMPENSATION IN AN      AMOUNT EQUAL TO PAST RESPONSE COSTS PLUS FUTURE OVERSIGHT    COSTS. PURSUANT TO THE JUNE 3,1996 INTERIM GUIDANCE ON       ORPHAN SHARE COMPENSATION FOR SETTLERS OF RD/RA AND NON-TIME CRITICAL REMOVALS, THE ORPHAN SHARE IS CAPPED AT $3.77       MILLION DOLLARS.FOURTEEN PARTIES WILL ALSO RECIEVE DE        MINIMIS COVENANTS LIMITED TO THE REMEDY SELECTED IN THE ROD  FROM THE UNITED STATES THROUGH THROUGH THIS CONSENT DECREE   BASED ON THE VOLUME AND TOXICITY OF 

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