EPA v. NEW HANOVER COUNTY AIRPORT BURN PIT

Case summary

THE SITE WAS LISTED ON THE NPL ON 3/31/89 WITH A HAZARD RANKING SCORE OF 39.39. ON 9/20/89, EPA ISSUED SPECIAL NOTICE LETTERS TO THE FOUR PRPS, NOTIFYING THOSE PARTIES OF THEIR POTENTIAL LIABILITY WITH RESPECT TO SITE CONTAMINATION AND OFFERING THEM AN OPPORTUNITY TO CONDUCT AND FUND THE RI/FS OF THE SITE. SUBSEQUENT NEGOTIATIONS AMONG THE PRPS FAILED IN REACHING AN AGREEMENT WITH EPA TO CONDUCT THE RI/FS. EPA ENTERED AN AOC WITH THE 4 PRPS ON JUNE 21, 1990, HOWEVER, WHICH OUTLINED THE REMOVAL ACTIONS TO BE PERFORMED AT THE SITE. THE PRPS BEGAN THE REMOVAL IN NOVEMBER 1990, AND COMPLETED IT IN DECEMBER 1990. THE PRP SPONSORED REMOVAL INVOLVED REMOVAL WASTE MATERIALS, CONTAMINATED WATER, AND CONTAMINATED SURFACE AND SUBSURFACE SOILS. A TOTAL OF 12,500 GALLONS OF WATERS WAS REMOVED FROM THE BURN PIT AND 6,000 GALLONS OF WATER WAS REMOVED FROM ON-SITE TANKS. CONTAMINATED SURFACE AND SUBSURFACE SOILS WERE REMOVED FROM THE FIRE FIGHTER TRAINING AREAS. IN ADDITION, STRUCTURES ASSOICATED WITH FIRE FIGHTER TRAINING ACTIVITIES WERE DISMANTELED AND REMOVED, INCLUDING THE FUEL SUPPLY TANK AND ITS ASSOCIATED UNDERGROUND PIPING SYSTE, THE RAILROAD TANK CAR, THE AUTOMOBILE BODIES AND THE AIRCRAFT MOCK-UP OF 55-GALLON DRUMS. A TOTAL OF 3,220 TONS OF CONTAMINATED SOIL AND DEBRIS WERE REMOVED. EXCAVATED AREAS WERE BACKFILLED TO GRADE WITH 2,680 CUBIC YARDS OF CLEAN SOIL. DURING THE REMOVAL, 5 DRUMS OF BLUE PAINT SLUDGE FROM AROUND THE PERIMETER OF THE SITE WERE ALSO REMOVED. THESE DRUMS WERE OVERPACKED AND PROPERLY DISPOSED OF IN ACCORDANCE WITH RCRA REGULATIONS. THE REMOVAL OF WASTE AND CONTAMINATED SOILS SIGNIFICANTLY ALTERED THE SCOPE OF THE RI/FS. CHARACTERIZATION OF THE SITE CONSISTED OF CONFIRMING THAT THE SOURCE HAD BEEN REMOVED, CONFIRMING THAT THE PRESENCE OF ANY RESIDUAL SOIL CONTAMINATION WOULD NOT ADVERSELY IMPACT EITHER HUMAN HEALTH OR THE ENVIRONMENT, DEFINING SITE SPECIFIC GEOLOGY AND HYDROGEOLOGY AND THE ENTENT OF GROUNDWATER CONTAMINATION, AND CONDUCTING AN ENDANGERED SPECIES SURVEY. EPA COMPLETED THE RI IN JANUARY 1992. THE SOURCE OF CONTAMINATION AND THE RESULTING CONTAMINATED SOILS WERE REMOVED BY THE PRP-SPONSORED REMOVAL ACTION IN 1990. THE ANALYTICAL DATA FROM THE SOIL SAMPLES COLLECTED AT THE COMPLETION OF THE REMOVAL WERE UTILIZED IN THE RI. THE DATA CONFIRMED THAT THE REMOVAL WAS SUCCESSFUL IN REMOVING ALL OF THE SOURCE MATERIAL. HOWEVER, CONTAMINANTS DETECTED IN THE GROUNDWATER INCLUDED BENZENE, CHLOROFORM, 1,2-DICHLORETHANE, AND ETHYLBENZENE ABOVE THE STATE OF NORTH CAROLINA'S GROUNDWATER QUALITY STANDARDS. THESE HAZARDOUS SUBSTANCES POSE A SIGNIFICANT THREAT TO PUBLIC HEALTH, WELFARE AND THE ENVIRONMENT. THE TOTAL VOLUME OF GROUNDWATER IMPACTED BY THE SITE IS ESTIMATED TO BE 9.7 MILLION GALLONS. THE FS WAS FINALIZED AND SUBMITTED BY EPA TO THE PUBLIC IN MAY 1992. IN EARLY JUNE 1992, EPA ISSUED A PROPOSED PLAN, OUTLINING EPA'S PREFERRED PLAN FOR SITE REMEDIATION. A 60-DAY PUBLIC COMMENT PERIOD ON THE PROPOSED PLAN BEGAN WITH A PUBLIC MEETING HELD ON JUNE 11, 1992 AND ENDED ON AUGUST 12, 1992. THE ROD, SETTING FORTH EPA'S DECISION ON THE APPROPRIATE CLEANUP REMEDY FOR THE SITE, WAS ISSUED ON SEPTEMBER 29, 1992. AS PART OF THE SELECTED REMEDY, THE ROD INCLUDED A TECHNICAL IMPRACTICABILITY PROVISION AND PROVIDED FOR AN ADDITIONAL YEAR OF GROUNDWATER SAMPLING FOR EPA TO DETERMINE WHETHER OR NOT NATURAL ATTENUATION WAS OCCURRING IN THE GROUNDWATER. AFTER 6 ROUNDS OF SAMPLING, EPA DID NOT FIND ANY EVIDENCE INDICATING THAT NATURAL ATTENUATION IS OCCURRING WITH ANY OF THE CONTAMINANTS CURRENTLY PRESENT IN THE GROUNDWATER.

Defendants (3)

• CAPE FEAR COMMUNITY COLLEGENamed in complaintNamed in settlement
• NEW HANOVER COUNTYNamed in complaintNamed in settlement
• WILMINGTON, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• NEW HANOVER CNTY AIRPORT BURN PIT

  GARDNER DRIVE, WILMINGTON, NC, 28401

  Registry ID: 110009296840

Statutes cited

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

Enforcement conclusions (1)

• CAPE FEAR COMMUNITY COLLEGE,entered 1995-04-05

  Primary law: CERCLA

Timeline (8 milestones)

• 1993-03-02Enforcement Action Data Entered
• 1993-03-02PRN Sent
• 1994-10-31Referred To Dept Of Justice
• 1995-02-21Complaint Filed With Court
• 1995-04-05Final Order Lodged
• 1995-04-05Final Order Entered
• 1995-04-05Concluded
• 2001-03-21Enforcement Action Closed