County Road 10 ("CR 10") Landfill Overview

Background

• The County Road 10 disposal site opened in 1960.
• The CR 10 Landfill closed in 1976. Thereafter, new federal regulations were implemented that caused the site to be placed on the U.S. Environmental Protection Agency’s ("EPA") list of Superfund sites.
• Throughout the CR 10 Landfill existence, Himco followed all rules and regulations which were in effect at the time. Click Here to review CR 10 Landfill Event Timelines.

What was Himco's Support Role

• Himco hauled industrial and commercial waste to the County Road 10 Landfill from 1968 to 1976.
• At no time was Himco ever an owner or operator of the landfill, nor a generator of waste deposited at the landfill either.
• Charles Himes, Sr. (an individual now deceased), was one of three owners of the landfill property and a landfill operator.
• As a duly licensed transporter of waste to the CR 10 Landfill, Himco complied with all local, state and federal rules and regulations in place at the time, further meeting all EPA requests in a timely and cooperative manner.
• Himco has since supported past remediation efforts, and continues with appropriate contributions to future remediation efforts as well.

A Summary of Himco's Response

• Once facts had been gathered, Himco contacted a group of Potentially Responsible Parties ("PRPs") to develop a mutual plan. However, the PRPs, including Miles/Bayer, preferred to work alone as generators.
• Miles/Bayer and the PRP group together made an offer of approximately $10 million dollars to the EPA to cover all future costs and $1 million in past costs.
• Noting very limited operational liability, Himco submitted a $1.6 million offer to the EPA to assist in remediation, and has since worked with local, state and Congressional officials to support appropriate remediation costs.

A Summary of EPA Actions

• In January 2005, the EPA asked all Potentially Responsible Parties (PRPs) involved with the County Road 10 Landfill to develop a plan to address $16 million in past and future remediation costs.
• Local officials have lobbied the EPA to waive the $6 million in past costs. EPA has typically waived only 20% of past costs with other Superfund projects.
• The EPA has determined they will waive a portion of the past costs in making the final assessment of costs. Click Here to review CR 10 Landfill Event Timelines.

Superfund Remediation Facts

• The EPA recognizes four levels of responsibility* for environmental remediation:
  1. Current Owners and Operators
  2. Past Owners and Operators
  3. Generators of Waste
  4. Waste Transporters
• According to the EPA, two thirds of the waste at the CR 10 Landfill site came from Miles Laboratories/Bayer, the rest came from over 500 other companies.

CR 10 Landfill Timeline Chart

For more information on the CR 10 Landfill, please contact:

Charles H. Himes, Jr.
707 North Wildwood
Elkhart, Indiana 46514
(574) 293-8534 x513
chh@wasteawaygroup.com

Click Here to learn more about the Timeline of Developments at the CR 10 Landfill.

CR 10 Landfill Timeline

1960 County Road 10 Landfill begins operation.

1968 Himco Waste-Away Service Inc. incorporates and begins hauling waste to the County Road 10 Landfill.

1974 Miles Laboratories requests and receives approval from the Indiana Stream Pollution Board (ISPB) to delay closure of the landfill.

1975 Per an agreement with the ISPB, Charles Himes, Sr. agrees to close the landfill by September 1976.

1976 County Road 10 Landfill closes.

1978 Charles Himes, Sr. sells his property located on County Road 10.

1986 U.S. Environmental Protection Agency (EPA) requests from Himco names of its customers sending waste to the landfill from 1960 to 1976. Himco complies with the request for the period of time it was a hauler to the County Road 10 Landfill (1969-1976).

1990 EPA places the County Road 10 Landfill on the National Priorities List (NPL). EPA samples residential wells near the landfill after residents’ report a change in taste, odor and color of water; EPA recommends an alternative source of potable water.

1991 Municipal water service is provided to 7 residents living south and west of the landfill. Himco, Miles Laboratories and the City of Elkhart pay for the extension of water lines.

1992 Himco removes seventy-one 55-gallon drums of liquid solvents transported to the site from a local paint wholesaler/retailer.

1993 EPA proposes its initial remediation plan for the County Road 10 Landfill.

2002 Himco works with a coalition of Potentially Responsible Parties (PRPs) until its exclusion from the group in 2005.

2003 EPA proposes its revised remediation plan for the County Road 10 Landfill.

2004 Himco offers Miles/Bayer $1.5 million in an attempt to make a joint offer to EPA for remediation costs; Bayer rejects the offer.

2005 EPA sends a letter to PRPs requesting a "good faith offer" to pay for past and future remediation costs. Himco offers $1.5 million to EPA toward remediation, and the EPA rejects the offers from all parties.