# U.S. V. CITY OF HASTINGS, DRAVO CORP, DUTTON-LAINSON (OU 5) > **Judicial** · FY2000 · — · Final Order With Specified Cost Recovery ## Case - **Activity ID:** `46635` - **Case Number:** 07-2000-0119 - **Type:** Judicial - **Lead:** EPA - **Outcome:** Final Order With Specified Cost Recovery - **Penalty assessed:** — - **Cost recovery:** $1.77M - **Compliance action $:** — - **Multimedia (multi-env):** N ## Defendants - BERNICE EDWARDS (complaint) (settlement) - CITY OF HASTINGS (complaint) (settlement) - DRAVO CORP (complaint) (settlement) - DUTTON-LAINSON COMPANY (complaint) (settlement) ## Summary 2/24/00: THE NORTH LANDFILL SUBSITE IS PART OF THE HASTINGS GROUNDWATER CONTAMINATION SITE. THE SUBSITE IS A 13 ACRE F ORMER MUNICIPAL LANDFILL THAT WAS OPERATED BY THE CITY OF HA STINGS BETWEEN 1962 AND 1964. THE SITE IS OWNED BY BERNICE EDWARDS. EPA INVESTIGATIONS FOUND THAT THE LANDFILL WAS A S OURCE OF VOLATILE ORGANIC COMPOUND CONTAMINATION INCLUDING BUT NOT LIMITED TO TRICHLOROETHYLENE, TETRACHLOROETHENE, VIN YL CHLORIDE, 1,1,1-TRICHLOROETHANE, BENZENE, TOLUEN, XYLENE ETHYL BENZENE. EPA IDENTIFIED THE CITY AS LIABLE AS A FORME R OPERATOR OF CERCLA, IDENTIFIED THE CITY AS LIABLE AS A FOR MER OPERATOR UNDER SECTION 107(A)(2), AND IDENTIFIED BERNICE EDWARDS, THE OWNER, AS A LIABLE PARTY UNDER SECTION 107(A)( 1). THIS CONSENT DECREE EMBODIED AN AGREEMENT REACHED AFTER MEDIATION. THE CITY AND THE TWO PRIVATE PARTY GENERATORS W OULD PAY $1,034,670 IN PAST COSTS; THE OWNER WOULD PAY $10,0 00 BASED ON A LIMITED ABILITY TO PAY; AND THE U.S. NAVY WOUL D PAY $722,215. THE NAVY'S TOTAL REPRESENTED $679,510 FOR P AST AND FUTURE COSTS, $21,450 AS A PREMIUM COST OVERRUNS, AND $21,255 AS A PREMIUM FOR OVERSIGH T COSTS. THE CITY, DUTTON-LAINSON AND DRAVO AGREED TO PERFO RM THE WORK, WHICH EPA AGREED TO FUND THE ORPHAN SHARE BY FO RGIVING 17% OF TOTAL COSTS IT INCURRED. TOTAL COSTS WERE $2 ,603,000. EPA IS FORGIVING $836,115. --- *Source: [EPA ECHO](https://echo.epa.gov/) · MORVS · CC0 1.0*