EPA v. Puerto Rico Land Authority (OU 1)

Case summary

Administrative Order for Remedial Investigation and Feasibility Study for Operable Unit One (“OU1 Order”), provides for the performance of an RI/FS to address soil contamination at the Pesticide Warehouse I Superfund Site, located in Arecibo, Puerto Rico, along with payment of EPA’s oversight costs. The OU1 Order also calls for the reimbursement of interim response costs and future response costs incurred by EPA in overseeing Respondent’s implementation of the Work required by the Order. The Site occupies approximately one acre of land in Arecibo, Puerto Rico, and includes a main warehouse building, a smaller secondary warehouse in the rear of the property, and a small storage shed. The pesticides found at the Site are hazardous substances under Section 101(14) of CERCLA 42 U.S.C. § 9601(14), and are listed at 40 C.F.R. § 302.4. During the SI, a number of metals were also detected in on-site soils at concentrations that were at least three times greater than background concentrations. These metals are hazardous substances under CERCLA and included arsenic, beryllium, cadmium, cobalt, copper, lead, mercury, nickel, thallium, and zinc. EPA placed the Site on the National Priorities List on September 26, 2006. Thereafter, because of the complexity of the karst terrain hydrogeology at the Site, EPA determined that the Site investigation and remediation should be addressed in two Operable Units. On August 18, 2006, EPA issued a notice letter to the Respondents.

Defendants (2)

• Puerto Rico Land AuthorityNamed in settlement
• Agrocampos IncNamed in settlement

Facilities (1)

• PESTICIDE WAREHOUSE I

  ROAD # 2 KM 59.7, ARECIBO, PR, 00612

  Registry ID: 110009344628

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 104E4 — Inspection and Samples
• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• Puerto Rico Land Authority (OU 1)entered 2007-05-02

  Primary law: CERCLA

Timeline (3 milestones)

• 2007-05-02Enforcement Action Closed
• 2007-05-02Final Order Issued
• 2007-05-22Enforcement Action Data Entered