EPA v. Puerto Rico Land Authority

Case summary

This is a unilateral Administrative Order for a Removal Action issued to the Respondent pursuant to Section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. § 9606, relating to the Central ROIG Sugar Mills Superfund Site, Yabucoa, Puerto Rico. Under the Order, the Respondent is directed to remove and dispose of chemical containers at the Site, characterize waste oil in lubricating pits in one of the on-site buildings and dispose of waste oil containing hazardous substances, abate and properly handle and dispose of asbestos-containing materials present on building floors, ground surfaces and commingled with demolition debris, and provide Site security for the duration of the Order. The value of this work is estimated to be $250,000. On February 23, 2012, an EPA On-Scene Coordinator (OSC) performed an inspection of the Site. During this inspection, EPA discovered suspect asbestos-containing material (SACM) on facility floors, pipes and in boiler room areas. In addition, several large oil spills were discovered, as well as unsecured laboratory chemicals throughout many portions of an on-site building. In March of 2012, the OSC issued Field Notices of Federal Interest (FNFI) to Los Colonos to clean up the SACM and laboratory chemicals, as well as the petroleum spills. Although the existing oil spills were cleaned up, none of the other work was performed. Additional inspections performed by EPA OSCs in June of 2013 and February of 2014 revealed additional oil spills in one of the buildings, the unsecured laboratory chemicals, and the presence of ACM in roofing tar materials. Further, the EPA OSC observed in November of 2013 that the Respondent was demolishing structures to salvage steel for sale and directed the Respondent to cease demolition pending EPA’s assessment of the Site. EPA sent OSCs to the Site in February of 2014 to confirm the extent of the violation and to sample various media to determine the scope of the UAO. This UAO was issued on July 3, 2014 and became effective on July 14, 2014.

Defendants (1)

• Puerto Rico Land AuthorityNamed in settlement

Facilities (1)

• ROIG SUGAR MILL

  RD # 3 KM 94.6, LIMONES WARD, YABUCOA, PR, 00767

  Registry ID: 110046120390

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Puerto Rico Land Authorityentered 2014-07-14

  Primary law: CERCLA

Timeline (3 milestones)

• 2014-07-14Enforcement Action Closed
• 2014-07-14Final Order Issued
• 2014-09-30Enforcement Action Data Entered