UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION

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UNITED STATES OF AMERICA, |

|

Plaintiff, |

| 

v. |

|

BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, |

CARGILL, INC., | Civil Action No. 3:18-cv-00054 

FLOWSERVE CORPORATION, |

KELSEY-HAYES COMPANY, |

NCR CORPORATION, |

NORTHROP GRUMMAN SYSTEMS CORPORATION, and | 

WASTE MANAGEMENT OF OHIO, INC. |

|

Defendants. |

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COMPLAINT

The United States of America, by authority of the Attorney General of the United States 

and through the undersigned attorneys, acting at the request of the Administrator of the United 

States Environmental Protection Agency (“EPA”), files this complaint and alleges as follows:

NATURE OF THE ACTION

1. This is a civil action brought pursuant to Sections 106, 107 and 113(g)(2) of the 

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

("CERCLA"), 42 U.S.C. §§ 9606, 9607(a) and 9613(g)(2). The United States seeks to recover 

certain unreimbursed costs incurred and to be incurred for response activities related to the 

release and threatened release of hazardous substances from facilities at and near the North 

Sanitary (aka “Valleycrest”) Landfill Superfund Site in Dayton, Ohio (“Site”). The United 

States also seeks injunctive relief requiring that Defendants perform the selected remedy at the 

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Site, which requires the installation of a composite barrier system over a portion of the Site and 

the implementation of other measures to address risks posed by contaminated soils, leachate and 

landfill gas. Finally, the United States seeks a judgment on liability for Site response costs that 

will be binding on any subsequent action or actions to recover further Site response costs 

pursuant to Section 113(g)(2) of CERCLA, 42 U.S.C. § 9613(g)(2).

JURISDICTION AND VENUE

2. This Court has jurisdiction over the subject matter of this action under Section 

113(b) of CERCLA, 42 U.S.C. § 9613(b), and under 28 U.S.C. §§ 1331 and 1345.

3. Venue is proper in this district pursuant to CERCLA Section 113(b), 42 U.S.C. 

§ 9613(b), and under 28 U.S.C. § 1391(b) and (c). A substantial part of the events giving rise to 

the claims asserted herein occurred within this district because (i) the Site is located within this 

district, (ii) threatened and actual releases of hazardous substances occurred within this district, 

and (iii) the costs that the United States seeks to recover herein relate to response actions 

undertaken by the United States at or in connection with the Site. 

GENERAL ALLEGATIONS

A) The Site

4. The Site occupies approximately 104 acres and consists of five former sand and 

gravel quarries where industrial and municipal wastes were dumped from 1966 to 1989. The 

industrial wastes include volatile organic compounds (“VOCs”), heavy metals, polychlorinated 

biphenyls (“PCBs”), and other “hazardous substances” within the meaning Section 101(14) of 

CERCLA, 42 U.S.C. § 9601(14). 

5. The Site is located in a mixed urban, commercial, industrial, and residential area 

and is directly over the Great Miami Buried Valley Aquifer – a federally designated sole-source 

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aquifer that provides drinking water for approximately 47,000 people in the Greater Dayton area. 

The Site is a “facility” within the meaning of Section 101(9) of CERCLA, 42 U.S.C. § 9601(9)

6. EPA has determined that actual and threatened releases of hazardous substances 

to and from soil and groundwater at the Site, as well as actual and threatened releases of 

hazardous substances from the Site to the air, pose a substantial risk to human health and 

welfare. 

7. In response to those actual and threatened releases, EPA has incurred, and will 

continue to incur, response costs that are not inconsistent with the National Contingency Plan

(“NCP”), promulgated under Section 105 of CERCLA, 42 U.S.C. § 9605, and as set forth at 40 

C.F.R. Part 300.

8. EPA selected a final remedial action for the Site in a record of decision (“ROD”) 

on August 18, 2013. The ROD requires, among other things, the installation of a landfill cap 

over a large portion of the Site and the extraction and treatment of leachate and contaminated 

groundwater. Flammable gases, such as methane, trapped in the soils at the Site will be 

addressed through a landfill gas collection and abatement system. EPA estimates the net present 

value cost of the remedial action to be approximately $35.5 million.

B) The Defendants

9. Each of the Defendants is a “person,” within the meaning of Section 101(21) of 

CERCLA, 42 U.S.C. § 9601(21).

10. Defendant Waste Management of Ohio, Inc. (“WM Ohio”) is the corporate 

successor to a common set of corporate predecessors, including North Sanitary Landfill, Inc. 

(“NSLI”) and Industrial Waste Disposal Co, Inc. (“IWDC”). NSLI and IWDC owned or 

operated the Site at the time of disposal of hazardous substances and, in the case of IWDC, also 

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accepted and transported hazardous substances to the Site for disposal. As a result, WM Ohio is 

liable in this action under Sections 107(a)(2) and (a)(4) of CERCLA, 42 U.S.C. §§ 9607(a)(2) 

and (a)(4).

11. Defendant Bridgestone Americas Tires Operations, LLC (“Bridgestone”) is the 

corporate successor to Firestone Tire & Rubber Company (“Firestone”). Firestone, in turn, was 

the corporate successor to The Dayton Tire & Rubber Company, which owned or possessed 

hazardous substances, and by contract, agreement, or otherwise, arranged for the disposal of such 

substances at the Site or arranged for the transport of such substances to the Site for disposal. As 

a result, Bridgestone is liable in this action under Section 107(a)(3) of CERCLA, 42 U.S.C. 

§ 9607(a)(3).

12. Defendant Cargill, Inc. (“Cargill”) owned or possessed hazardous substances, and 

by contract, agreement, or otherwise, arranged for the disposal of such substances at the Site or 

arranged for the transport of such substances to the Site for disposal. As a result, Cargill is liable 

in this action under Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3).

13. Defendant Flowserve Corporation (“Flowserve”) is the corporate successor to 

Duriron Company, Inc., which owned or possessed hazardous substances, and by contract, 

agreement, or otherwise, arranged for the disposal of such substances at the Site or arranged for 

the transport of such substances to the Site for disposal. As a result, Flowserve is liable in this 

action under Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3).

14. Defendant Kelsey-Hayes Company (“Kelsey-Hayes”) – a wholly-owned 

subsidiary of ZF TRW Automotive Holdings Corporation – is corporate successor to Dayton 

Walther Corporation, which owned or possessed hazardous substances, and by contract, 

agreement, or otherwise, arranged for the disposal of such substances at the Site or arranged for 

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the transport of such substances to the Site for disposal. As a result, Kelsey-Hayes is liable in 

this action under Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3).

15. Defendant NCR Corporation (“NCR”) owned or possessed hazardous substances, 

and by contract, agreement, or otherwise, arranged for the disposal of such substances at the Site 

or arranged for the transport of such substances to the Site for disposal. As a result, NCR is 

liable in this action under Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3).

16. Defendant Northrop Grumman Systems Corporation (“Northrop Grumman”) is 

successor to relevant liabilities of TRW Globe Motors, which was formerly known as Globe 

Industries (“Globe”). Globe owned or possessed hazardous substances, and by contract, 

agreement, or otherwise, arranged for the disposal of such substances at the Site or arranged for 

the transport of such substances to the Site for disposal. As a result, Northrop Grumman is liable 

in this action under Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3).

FIRST CLAIM FOR RELIEF

Cost Recovery under CERCLA Section 107

17. Paragraphs 1 through 16, above, are re-alleged and incorporated herein by 

reference.

18. Each of the Defendants is jointly and severally liable to the United States for all 

unreimbursed response costs incurred by the United States in connection with the Site pursuant 

to Section 107(a)(4)(A) of CERCLA, 42 U.S.C. § 9607(a)(4)(A).

SECOND CLAIM FOR RELIEF

Claim for Relief under Injunctive Relief under Section 106

19. Paragraphs 1 through 16, above, are re-alleged and incorporated herein by 

reference.

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20. Each of the Defendants is jointly and severally liable to the United States under 

Section 106(a) of CERCLA, 42 U.S.C. § 9606(a), for injunctive relief to abate the danger or 

threat presented by releases or threatened release of hazardous substances into the environment 

at and from the Site.

THIRD CLAIM FOR RELIEF

Declaratory Judgment for Recovery of Further Response Costs

21. Paragraphs 1 through 16, above, are re-alleged and incorporated herein by 

reference

22. Each of the Defendants is jointly and severally liable to the United States for any 

unreimbursed response costs that the United States further incurs in connection with 

contamination at the Site, not inconsistent with the NCP, pursuant to Sections 107(a) and 

113(g)(2) of CERCLA, 42 U.S.C. §§ 9607(a) and 9613(g)(2), and the Declaratory Judgment Act, 

28 U.S.C. §§ 2201-2202.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff United States of America prays that this Court

A. Enter judgment against the above-named Defendants, jointly and severally, for all 

response costs incurred by the United States, including prejudgment interest, in connection with 

the Site;

B. Enter a judgment against each Defendant for injunctive relief to abate conditions 

at the Site that may pose an imminent and substantial endangerment to the public health or 

welfare or the environment;

C. Enter a declaratory judgment of liability against each Defendant for any 

unreimbursed response costs, not inconsistent with the NCP, that the United States may further 

incur in connection with the Site;

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D. Grant such other relief as the Court deems appropriate.

Respectfully submitted,

FOR THE UNITED STATES

THOMAS A. MARIANI, JR.

Section Chief, Environmental Enforcement Section

Environment and Natural Resources Division

U.S. Department of Justice

 s/ Joseph W.C. Warren 

JOSEPH W.C. WARREN

Senior Counsel, Environmental Enforcement Section

KRISTIN FURRIE

Trial Attorney

Environment and Natural Resources Division

Department of Justice

P.O. Box 7611 

Washington, D.C. 20530

Furrie: (202) 616-6515

Kristin.Furrie@usdoj.gov

Warren: (202) 616-1303

Joseph.Warren@usdoj.gov

BENJAMIN C. GLASSMAN

United States Attorney

Southern District of Ohio

KEVIN KOLLER

Assistant U.S. Attorney

Southern District of Ohio

Federal Building, Suite 602

200 W. Second Street

Dayton, OH 45400

(937) 225-2910

OF COUNSEL

NICOLE WOOD-CHI

Associate Regional Counsel

U.S. Environmental Protection Agency-Region 5 

77 West Jackson Blvd.

Chicago, IL 60604-3507

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JS 44 (Rev. 06/17) CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as

provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the

purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF 

THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION(Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

(For Diversity Cases Only) and One Box for Defendant) 

u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF

Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4

 of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5

Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act

u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC 

u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))

u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment

u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust

 & Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking

u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce

u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation

 Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and

 (Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations

u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit

 of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV

u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/

u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange

u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions

u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts

u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters

 Medical Malpractice Leave Act u 895 Freedom of Information

 REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act

u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration

u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure

u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of

u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision

u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of

u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes

 Employment Other: u 462 Naturalization Application

u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration

 Other u 550 Civil Rights Actions

u 448 Education u 555 Prison Condition

u 560 Civil Detainee -

 Conditions of 

 Confinement

V. ORIGIN (Place an “X” in One Box Only)

u 1 Original

Proceeding

u 2 Removed from

State Court

u 3 Remanded from

Appellate Court

u 4 Reinstated or

Reopened

u 5 Transferred from

Another District

(specify)

u 6 Multidistrict

Litigation -

Transfer

u 8 Multidistrict

 Litigation -

 Direct File

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED IN

 COMPLAINT:

u CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:

JURY DEMAND: u Yes u No

VIII. RELATED CASE(S)

 IF ANY (See instructions):

JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

UNITED STATES

see attached

Bridgestone Americas Tire Operations, LLC; Cargill, Inc.; Flowserve

Corporation; Kelsey-Hayes Company; NCR Corporation; Northrop

Grumman Systems Corporation, and Waste Management of Ohio, Inc

see attached

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),

Action under CERCLA, 42 U.S.C. §§ 9606 and 9607, seeking response costs and performance of response action.

Case: 3:18-cv-00054-TMR Doc #: 1-1 Filed: 02/27/18 Page: 1 of 2 PAGEID #: 8
ATTACHMENT TO CIVIL COVER SHEET

List of Counsel in

United States v. Bridgestone Americas Tire Operations, LLC, et al. (S.D. of Ohio)

For the United States:

Joseph Warren

Kristin Furrie

Environmental Enforcement Section

Environment and Natural Resources Division

U.S. Department of Justice

P.O. Box 7611, Ben Franklin Station

Washington, D.C. 20044-7611

202-616-1303

Kevin Koller

Assistant U.S. Attorney

Southern District of Ohio

Federal Building, Suite 602

200 W. Second Street

Dayton, OH 45400

937-225-2910

For the Defendants

Seven N. Siegel

Dinsmore & Shohl LLp

255 East 5th Street

Suite 1900

Cincinnati, OH 45202

Christopher Murphy 

NCR Corporation

3097 Satellite Boulevard

Duluth, Georgia 20096

Scott Blackhurst

Senior Counsel – Health, Safety and Environment

ZF TRW

Active & Passive Safety Technology

12001 Tech Center Drive

Livonia, Michigan 48150

Cargill Law

Starches and Sweeteners Environmental Counsel

15407 McGinty Road West MS24

Wayzata, MN 55391

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