“If this is approved by the court, this dismisses any action that could be brought against the city regarding contamination at the site,” said Musto.
However, the legal fight over pollution at the site continues against more than 30 other public entities and private companies. Cleaning up the site could cost more than $100 million, depending on the extent of the pollution, officials said.
The South Dayton Dump and Landfill site consists of about 80 acres at 1975 Dryden Road. Waste disposal at the site began around 1941 and continued until 1996.
The dump is contaminated with hazardous substances. The Environmental Protection Agency identified Hobart Corp., Kelsey-Hayes Co. and NCR Corp. as potentially responsible parties.
In 2006, the companies entered into an administrative settlement agreement with the EPA to conduct a remedial investigation at the landfill site to avoid federal action and reduce liability.
In 2013, the three groups entered into an administrative settlement agreement and order on consent for removal action with the EPA that addresses vapor intrusion risks at the dump.
According to a 2008 federal report, the site poses an “indeterminate public health hazard” for nearby residents and workers who could be exposed to contaminants through inhalation from vapor intrusion.
Hobart, Kelsey-Hayes and NCR filed a lawsuit against more than 30 defendants to recover costs associated with cleanup work.
The city of Dayton was one of the defendants named.
Other defendants include Dayton Power & Light, Waste Management of Ohio Inc., Bridgestone / Firestone, Cargill Inc., Monsanto, Cintas Corp., Coca-Cola, the Standard Register Co., the Dayton Board of Education, the state of Ohio, the University of Dayton and Cox Media Group, which owns the Dayton Daily News.
The suit accuses the parties of disposing of hazardous substances at the dump that caused contamination that requires remediation. The plaintiffs are seeking repayment for testing, evaluation, cleanup and other past and future costs related to the site problems.
Hazardous chemicals disposed of at the site included cleaning solvents, chemical solvents, paint, oil and brake fluids and other industrial compounds, according to the lawsuit. Hazardous chemicals also disposed on adjacent properties have migrated through the groundwater to contaminate the site as well, the suit claims.
The city of Dayton chose to settle because it wants to avoid further legal costs — it does not admit to contributing to the pollution, said Musto.
“There is no admission of liability — it’s basically us looking at the cost of continued litigation, which would be extensive,” he said.
Watching your tax dollars
The city of Dayton has authorized spending $150,000 to settle a lawsuit related to contamination at a landfill in Moraine. Taxpayers often are on the hook when cities defend and settle lawsuits over alleged government activities or misconduct.
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