# CLEVELAND, CITY OF
> **Judicial** · FY1990 · — · Final Order With Penalty
## Case
- **Activity ID:** `27444`
- **Case Number:** 05-1990-0161
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $36K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CLEVELAND MUNICIPAL (complaint) (settlement)
## Summary

A PROPOSED CONSENT DECREE BY WHICH 16 OHIO MUNICIPALITIES  WOULD BECOME OBLIGATED TO REIMBURSE THE SUPERFUND FOR A POR- TION OF THE MONIES EXPENDED BY USEPA IN RESPONDING TO A CRI- TICAL EMERGENCY AT THE MATOUSEK LANDFILL IN GARFIELD HEIGHTS OHIO.  THE CONSENT DECREE WOULD BE ENTERED PURSUANT TO SEC-  TION 7003 OF THE SOLID WASTE DISPOSAL ACT (SWDA), THOUGH THE MONIES SOUGHT TO BE RECOVERED WERE EXPENDED PURSUANT TO CER- CLA.  THIS UNUSUAL CIRCUMSTANCE IS A FUNCTION OF THE FACT    THAT THE METHANE, WHICH POSED THE DANGER TO THE PUBLIC, HAS  NOT BEEN CATEGORIZED AS A HAZARDOUS SUBSTANCE.  UNFORTUNATE- LY, CERCLA MAKES LIABLE ONLY PERSONS WHO HAVE ENGAGED IN     ACTIVITIES RELATING TO HAZARDOUS SUBSTANCES.  HOWEVER, SEC-  TION 7003 OF THE SWDA APPLIES TO A BROADER RANGE OF WASTE    HANDLING ACTIVITIES, THOUGH IT CONTAINS NO EXPLICIT COST     RECOVERY AUTHORITY.                                            IN APRIL 1988, IT WAS DISCOVERED THAT METHANE GAS WAS      BEING RELEASED FROM THIS LONG CLOSED LANDFILL AND WAS MIGRAT ING INTO NEIGHBORING RESIDENCES WHERE IT WAS PRESENT AT      EXPLOSIVE LEVELS.  THE AGENCY ATTEMPTED TO HAVE THE OWNER    AND THE CITY OF CLEVELAND, WHICH HAD SENT LARGE VOLUMES OF   WASTE MATERIAL TO THE SITE, PERFORM THE RESPONSE ACTION.     HOWEVER, BOTH DECLINED AND IT WAS NECESSARY FOR THE AGENCY   TO TAKE IMMEDIATE ACTION, WHICH IT CONTINUES TO THE PRESENT. OTHER MUNICIPALITIES THAT HAD SENT WASTES TO THE SITE WERE   SUBSEQUENTLY IDENTIFIED, AND NEGOTIATI

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