EPA v. WESTERN SAND & GRAVEL SITE

Case summary

THE WESTERN SAND & GRAVEL SITE IS LOCATED ON APPROXI- MATELY 20 ACRES STRADDLING BOUNDARY LINE BETWEEN BURRILL- VILLE & NO. SMITHFIELD, RI. BEFORE 1975, IT WAS USED FOR A GRAVEL MINING OPERATION BY JAMES CARDI, JR. IT IS CURRENTLY OWNED BY WESTERN SAND & GRAVEL, INC., A RI CORPORATION. BEGINNING AROUND 1975, ABOUT 12 OF THE 20 ACRES WERE USED FOR DISPOSAL OF LIQUID WASTES, INCLUDING CHEMICALS & SEWAGE WASTE. WASTES WERE DUMPED INTO 4 CHEMICAL LAGOONS & 8 OR MORE SEEPAGE PITS, ALL OF WHICH WERE UNLINED. THE WSTS SUBSEQUENTLY INFILTRATED THE HIGHLY PERMEABLE SOILS, PERCO- LATING INTO THE GROUNDWATER. AFTER APRIL 1979, HAZARDOUS WASTES WERE NO LONGER ACCEPTED AT THE SITE. AROUND MAY 1979 THE TOWNS OF BURRILLVILLE & N. SMITHFIELD DECLARED THAT THE SLATERSVILLE AQUIFER HAD BECOME CONTAMINATED BY WASTES MI- GRATING FROM THE SITE. APPROX 470,000 GAL OF WSTS WERE DE- POSITED AT SITE BETWEEN 5/78 & 4/79 ALONE. THE QUANTITY DE- POSITED BEFORE THAT TIME IS UNKNOWN, BUT NOT BELIEVED TO BE SIGNIFICANT. IN MARCH 1980, EPA PUMPED THE LAGOONS & BEGAN REMOVAL OF THE HAZARDOUS MATERIAL. ABOUT 60,000 GAL OF LIQUID WSTS WERE REMOVED. THESE ACTIONS WERE TAKEN UNDER AUTHORITY OF SECT 311 OF CWA & COMPLETED IN FALL OF 1980, PRIOR TO PAS- SAGE OF CERCLA. AN RI/FS WAS CONDUCTED UNDER A COOPERATIVE AGREEMENT W/STATE OF RI. IT WAS FOUND THAT THE CONTAMINANTS LEAVING THE SITE ARE MIGRATING PRIMARILY IN GW & SURFACE WA- TER. BASED ON THE RI/FS, A ROD WAS SIGNED BY FEDERAL GOVT IN OCT 1984 RECOMMENDING INTERIM WATER FILTERS & A PERMANENT ALTERNATE WATER SYSTEM. A SEPT 1985 SOURCE CONTROL ROD RE- COMMENDS SITE CLOSURE & POST-CLOSURE CONSISTENT W/RCRA PART 264 REGS. IT IS ANTICIPATED THAT A 3RD ROD DEALING W/REME- DIAL ACTION FOR GW CONTAMINATION WILL BE SIGNED AFTER THE GW RI/FS, TO BE UNDERTAKEN PURSUANT TO THE CONSENT DECREE, IS COMPLETED. OBJECTIVES OF THE LITIGATION: THE REGION REQUESTS THAT HQ & DOJ FILE COMPLAINT & CON- SENT DECREE AS EXPEDITIOUSLY AS POSSIBLE SO THAT FED GOVT CAN RESPOND TO SETTLEMENT SCHEDULE IMPOSED BY STATE'S PEND- ING FED COURT LITIGATION. FILING OF CONSENT DECREE WILL SETTLE MOST OF FED GOVT'S HAZ WST CLAIMS BY OBLIGATING THE SETTLING DEFENDANTS TO: 1) REIMBURSE GOVT FOR ITS PAST RE- SPONSE COSTS; 2) PAY FED GOVT PROJECTED COSTS FOR CONSTRUCT- ING PERMANENT ALTERNATE WATER SUPPLY TO AFFECTED AREA; 3) IMPLEMENT INTERIM CARBON FILTER PGM FOR HOMES IN AFFECTED AREA; 4) PROVIDE CLOSURE & POST-CLOSURE OF SITE; & 5) CON- DUCT GW RI/FS. PROPOSED DEFS WILL INCLUDE JAMES CARDI, JR., THE OPERA- TOR OF SITE; WESTERN SAND & GRAVEL, INC., SITE OWNER; PHILIP A. HUNT CHEMICAL CO., GENERATOR WHOSE VOLUMETRIC CONTRIBU- TION OF WSTS IS HIGHEST (APPROX 40%); & AN AS YET UNDETER- MINED NO. OF OTHER GENERATORS & TRANSPORTERS. THE TOTAL CASH VALUE OF THIS SETTLEMENT TO U.S. IS ES- TIMATED TO BE $4,872,000. IT REQUIRES DEFS TO PAY TO THE HAZARDOUS SUBSTANCE RESPONSE TRUST FUND $2,904,000, WHICH WILL REIMBURSE GOVT FOR 100% OF ITS RESPONSE & ENFORCEMENT COSTS EXPENDED AFTER ENACTMENT OF CERCLA THRU 7/20/85, 100% OF ITS PROJECTED OVERSIGHT COSTS, & CAPITAL COSTS FOR CON- STRUCTION OF PERMANENT ALTERNATE WATER SYSTEM. THE SUM ALSO INCLUDES $218,000 TO REIMBURSE GOVT FOR FINANCIAL RISK IT IS TAKING BY CASHING OUT ON & RELEASING DEFS FOR THE ALTERNATE WATER SYSTEM.

Defendants (3)

• CARDI, JAMES JR.Named in settlement
• PHILIP A. HUNT CHEMICAL CORP.Named in settlement
• WESTERN SAND & GRAVEL INC.Named in complaintNamed in settlement

Facilities (1)

• WESTERN SAND & GRAVEL

  DOUGLAS PIKE, BURRILLVILLE, RI, 02830

  Registry ID: 110009344726

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• WESTERN SAND & GRAVELentered 1987-06-05

  Primary law: CERCLA

  Federal penalty: $4,872,000

• WESTERN SAND & GRAVELentered 1992-08-28

  Primary law: CERCLA

Timeline (8 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-08Returned To Region
• 1986-05-23Rereferred
• 1986-06-20Referred To Dept Of Justice
• 1986-10-02Complaint Filed With Court
• 1992-08-28Final Order Lodged
• 1992-08-28Concluded
• 1992-08-28Final Order Entered