EPA v. Pesticides Warehouse III OU1

Case summary

Under the Agreement and Order, the Respondent will perform a remedial investigation and feasibility study (RI/FS) for Operable Unit 1 at the Pesticide Warehouse III Superfund Site, located in Manati, Puerto Rico. Additionally, under the Agreement and Order, Respondent will reimburse EPA for its past costs at the Site in twelve monthly payments plus interest at the current Superfund interest rate. The Order also calls for the reimbursement of response costs incurred by EPA in overseeing Respondent's implementation of the Work required by the Order. Respondents to the Order are owner/operators of the Site property. EPA detected hazardous substances, including metals and pesticides, in the soils and groundwater at the Site. Pursuant to Section 105(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9605(a), EPA placed the Site on the National Priorities List. Additionally, earlier this year, EPA sampled soils at the Site and found high concentrations of pesticides around a drainage ditch and sinkhole at the Site. Since runoff across the Site flows into the drainage ditch and sinkhole, the contamination around the ditch and sinkhole constitutes a continuing release and threat of release of hazardous substances from the surface of the Site into the groundwater. As part of EPA's strategy for investigating and remediating the Site, EPA determined that the Site investigation and remediation should be addressed in two operable units. The first operable unit (OU1) is intended to evaluate the soil contamination. The second operable Unit (OU2) will determine the nature and extent of groundwater contamination at the Site. EPA has already prepared the work plans for conducting the RI/FSs. On March 22, 2005, EPA issued a special notice letter to the Respondents. EPA received good faith proposals from both. A moratorium limiting the initiation of the RI/FSs was extended by EPA until June 30, 2005 during which time, the Respondents agreed to enter into the attached Agreement and Order.

Defendants (2)

• Puerto Rico Land AuthorityNamed in settlement
• Agrocampos, Inc.Named in settlement

Facilities (1)

• PESTICIDE WAREHOUSE III

  ROAD 670 KM 3.7 PALO ALTO, MANATI, PR, 00674

  Registry ID: 110009344619

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 104E4 — Inspection and Samples
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• Pesticides Warehouse III OU1entered 2005-07-01

  Primary law: CERCLA

Timeline (3 milestones)

• 2005-07-01Enforcement Action Closed
• 2005-07-01Final Order Issued
• 2005-10-03Enforcement Action Data Entered