United States v. Cello-Foil Products, Inc., et al.

In this case, the United States, Michigan Attorney General Frank Kelley, and the State of Michigan filed suit against Cello-Foil Products, Clark Equipment Company, General Foods Corporation, and Hoover Universal; four companies who were customers of a hazardous waste cleanup site. The Verona Well Field is the primary public water supply for 35,000 residents of Battle Creek. In 1981, state officials found volatile organic chemicals were contaminating the well field and determined two of the sources of this contamination were the Raymond Road Facility and the Annex, operated by the Thomas Solvent Company. The four companies being sued were users of these waste sites.

Thomas Solvent operated in Battle Creek from 1963 until it went bankrupt in 1984. The company sold virgin solvents to various customers, including those named in the suit. The solvents were delivered in 55 gallon drums. The sites responsible for the contamination were used to clean the drums. Some of the drums had been emptied as much as possible, some had been refilled with water, and some still contained up to 15 gallons worth of solvents. After inspection by company officials, the drums in need of reconditioning were sent to a reconditioner, often without being rinsed or cleaned. The other drums were emptied of any remaining contents, often right onto the ground. Then, they were rinsed and the rinseate used was also dumped right onto the ground.

In 1992, the United States filed suit against these four customers of Thomas Solvent, which returned drums to the sites where the drumsU contents and rinseate were dumped onto the ground. The government sought over $5 million for cleanup activities under CERCLA. The companies argued that their agreement with Thomas Solvent did not impliedly suggest an arrangement for disposal of residual amounts remaining in the drums and therefore, they should not be held responsible. The case has yet to be decided.

This case demonstrates how siting is an important environmental justice issue. This hazardous waste site was near Battle Creek, an industrial center. Hazardous waste sites, landfills, and incinerators are much more likely to be located in poorer, industrial cities such as Battle Creek, Detroit, and Flint. More affluent communities such as Birmingham, Grosse Pointe, and Dearborn have no such sites to be found. The residents near the sites of these waste disposal sites are often poor minorities. They are the ones who will be harmed if these waste sites prove to be contaminated, as they often are. Siting of waste disposal sites is a form of environmental discrimination which must be remedied in the future.

Source http://www.lawsite.com/RECENT/

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