EPA v. FRONTERA CREEK SUPERFUND SITE

Case summary

THIS IS A PRE-REFERRAL ACTION REGARDING THE FRONTERA CREEK SUPERFUND SITE, IN HUMACAO, PR UNDER CERCLA SECTIONS 106A AND 107A. SEVERAL INDUSTRIES, INCLUDING TECHNICON ELECTRONICS CORP (FORMERLY A SUBSIDIARY OF REVLON, INC) WHICH USED MERCURY IN ITS MANUFACTURING PROCESS, AND REEDCO, INC WHICH USED LINDANE, PREVIOUSLY DISCHARGED THEIR WASTE WATER DIRECTLY INTO FRONTERA CREEK. TECHNICON AND REEDCO WERE FINED FOR THIS PRACTICE. AS A RESULT OF THE POTENTIAL THREAT TO PUBLIC HEALTH IN 1983 THE FRONTERA CREEK SITE WAS INCLUDED ON EPA'S NATIONAL PRIORITIES LIST. IN ADDITION TO HUMAN HEALTH, CONTAMINATION AT THE SITE POSES A THREAT TO AN ENDANGERED SPECIES. FROM 1978 TO 1980, A HOUSING DEVELOPMENT, WAS BUILT ALONG FRONTERA CREEK. THE COMMUNITY BEGAN TO COMPLAIN OF HEALTH PROBLEMS WITHIN A YEAR AFTER THEIR ARRIVAL. IN FEBRUARY '85 THE PR DEPT OF HEALTH SAMPLED THE BLOOD AND URINE OF THE RESIDENTS AND FOUND ELEVATED LEVELS OF MERCURY. SOIL SAMPLES COLLECTED ALSO REVEALED THE PRESENCE OF MERCURY. AS A RESULT OF THOSE INVESTIGATIONS, THE GOVERNOR OF PR ORDERED AN IMMEDIATE EVACUATION OF THE COMMUNITY. IN MARCH 1985 THE EPA BEGAN A FOCUSED REMEDIAL INVESTIGA- TION TO ASSESS THE MERCURY CONTAMINATION AND CONCLUDED THAT MERCURY DID NOT PRESENT AN IMMEDIATE NOR A SIGNIFICANT HEALTH THREAT TO THE RESIDENTS. ON 10/3/86 REVLON INC ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT WITH EPA UNDER SECTION 106A OF CERCLA. ON 4/27/89 SQUIBB MANUFACTURING INC ENTERED INTO A MEMORANDUM OF UNDERSTANDING WITH EPA WHEREBY IT AGREED TO COLLECT SAMPLES FROM ITS PROPERTY TO BE INCLUDED IN THE RI/FS CONDUCTED BY REVLON. HOWEVER, SQUIBB HAS NOT BEEN IDENTIFIED AS A RESPONSIBLE PARTY AT THE SITE. THE RI FIELD INVESTIGATIONS WERE CONDUCTED FROM 1/88 TO 8/89. THE RI DATA INDICATES THAT ABOVE BACKGROUND CON- CENTRATIONS OF MERCURY OCCUR PRIMARILY IN SURFACE SOILS AT TECHNICON LOCATIONS ASSOCIATED WITH THE STORAGE, USE AND DISCHARGE OF MERCURY CONTAINING COMPOUNDS AND IN SEDIMENTS IN THE TECHNICON DITCH WHICH RECEIVED PROCESS AND SANITARY WASTE WATERS FROM TECHNICON'S TREATMENT PLANT. IN 4/91 REVLON SUBMITTED THE FS REPORT FOR THE SITE. THIS REPORT IDENTIFIED MERCURY AS THE ONLY POLLUTANT. IT ALSO ANALYZED SEVEN REMEDIAL ALTERNATIVES RANGING FROM NO ACTION TO SOIL REMOVAL AND TREATMENT. ESTIMATED COSTS OF THE ALTERNATIVES RANGED FROM $0 FOR NO ACTION TO $1.5 MIL- LION FOR TREATMENT AND DISPOSAL. EPA PREPARED A PROPOSED REMEDIAL ACTION PLAN (PRAP) WHICH PROPOSES REMOVAL AND DISPOSAL OF MERCURY CONTAMINATED SOILS. FOLLOWING RECEIPT OF PUBLIC COMMENTS ON THE PROPOSED PLAN, EPA WILL PREPARE A RECORD OF DECISION. THIS PRE-REFERRAL LITIGATION AND DRAFT CONSENT DECREE WERE SUBMITTED PRIOR TO SUBMISSION OF THE CONSENT DECREE TO THE PRPS. * FACILITY NAME AND ADDRESS: FRONTERA CREEK SITE RIO ABAJO NEAR RTE 3 HUMACAO, PR 00661 OWNERSHIP: PRIVATE & STATE * 01/02/2002 - CD TERMINATED (ALL OVERSIGHT COSTS PAID). LAST PAYMENT OF $106,894.98 WAS RECEIVED ON 1/02/02. THAT AMOUNT INCLUDED APPROPRIATE INTEREST. CASE CLOSED. SITE REMOVED FROM THE NPL. *

Defendants (6)

• COOPER DEVELOPMENT CONamed in complaintNamed in settlement
• MILES DIAGNOSTICS CORPNamed in complaintNamed in settlement
• MILES INCNamed in complaintNamed in settlement
• REVLON INCNamed in complaintNamed in settlement
• TECHNICON ELECTRONICS CORP
• TECHNICON INSTRUMENTS

Facilities (1)

• FRONTERA CREEK

  RIO ABAJO NEAR ROUTE 3, KM 76.9 - 78.6, RIO ABAJO, PR, 00661

  Registry ID: 110009344511

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MILES DIAGNOSTICS CORPORATIONentered 1992-10-01

  Primary law: CERCLA

Timeline (8 milestones)

• 1991-09-30Enforcement Action Data Entered
• 1991-09-30PRN Sent
• 1992-05-21Referred To Dept Of Justice
• 1992-07-08Complaint Filed With Court
• 1992-10-01Final Order Lodged
• 1992-10-01Final Order Entered
• 1992-10-01Concluded
• 2002-01-02Enforcement Action Closed