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CELLO-FOIL(THOMAS SOLVENT)

Judicial · FY1992 · — · Litigated With Specified Cost Recovery · 28068

Penalty
$900K
Cost recovery
Compliance action

Case

Case Number
05-1992-0242
Type
Judicial
Lead
EPA
Outcome
Litigated With Specified Cost Recovery
Multimedia
N
Self-disclosure
N

Defendants (4)

Summary

THIS PROPOSED ACTION IS INTENDED AS A COMPANION CASE TO 2 MATTERS ALREADY FILED AND PENDING IN THAT DISTRICT, U.S. V. THOMAS SOLVENT CO., ET AL., FILE NO. K86-167, & U.S. V. GENERAL FOODS, ET AL., CASE NO. 4:87-CV-364. THIS IS A COMPLEX MATTER INVOLVING THREE DISTINCT SOURCES OF SOLVENT CONTAMINATION EACH OF WHICH RELEASES A PLUME OF SOLVENT CONTAMINATED GROUNDWATER. THE PLUMES COMMINGLE AND COLLECTIVELY IMPACT ON THE VERONA WELL FIELD, WHICH IS THE SOURCE OF THE DRINKING WATER FOR THE CITY OF BATTLE CREEK, MI. ONE OF THE SOURCES IS OWNED AND OPERATED BY GRAND TRUNK WESTERN RAILROAD COMPANY (GTWRR) (THE MARSHALLING YARD), ONE OF THE SOURCES IS OWNED BY GTWRR, BUT LEASED TO AND OPERATED BY (THE ANNEX), AND THE LAST SOURCE AREA (RAYMOND ROAD) IS OWNED AND OPERATED SOLELY BY THOMAS SOLVENT COMPANY (TSC). THIS ARRANGEMENT CREATES VERY COMPLEX LIABILITY RELATIONSHIPS AMONG THE PARTIES POTENTIALLY RESPONSIBLE FOR THE CONTAMINANT SOURCES AND THE RESPONSE COSTS INCURRED AT THE WELL FIELD ITSELF. FOR MORE COMPLETE INFORMATION REGARDING THE 3 CONTAMINANT SOURCE AREAS. THE U.S. ORIGINALLY FILED AN ACTION IN THE VERONA WELL FIELD MATTER ON MAY 28, 1986, SEEKING A FINDING OF LIABILITY AND REIMBURSEMENT OF RESPONSE COSTS AGAINST A GROUP OF 9 DEFENDANTS. AFTER VIGOROUS DISCOVERY AND MOTION PRACTICE, A PARTIAL CONSENT DECREE WAS REACHED WITH O

Source

Authoritative
EPA ECHO
Machine
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