EPA v. STAUFFER CHEMICAL (TAMPA, FL)

Case summary

On April 28, 2010 the United States of America ( United States ), on behalf of the Administrator of the United States Environmental Protection Agency ( EPA ), entered an Amended Consent Decree against Stauffer Management Company, LLC (“Stauffer”), owner of the Stauffer Chemical Superfund Site in Tampa, Hillsborough County, Florida ( the Site ). The original Consent Decree entered on July 23, 1998, embodied the Record of Decision ( 1995 ROD ), executed on December 1, 1995. Subsequent to 1995 ROD issuance, and in accordance with Section 9.4 of the 1995 ROD, EPA conducted a pilot study that indicated that bioremediation would be effective in addressing the on-site soil and sediment contamination. Stauffer has been performing the Work required by the 1995 ROD, and the groundwater pump and treat system continues to work effectively. However, the 1995 ROD remedy for soils and sediments has failed to achieve the Performance Standards in a timely manner and has thus far been ineffective in meeting the goal of Site clean up. EPA and the State concurred that the 1995 ROD remedy for the soils and sediment should be changed to an alternative remedy whereby SMC would install a containment cell for placement of the contaminated soils and pond sediments on-site, and SMC would place a cap on the contaminated soils and sediments. A similar remedy had been set forth in the 1995 ROD, as Alternative 3S, one of the feasible remedial actions which would also achieve Performance Standards. EPA executed the Amended Record of Decision on August 28, 2006 ( 2006 ROD ) which modified the Work to be performed for the remediation of the soils and sediments at the Site. Under the 2006 ROD, Stauffer will excavate contaminated surface and subsurface soils, and pond sediments and place them in a containment cell; install a two. (2) foot thick pervious soil cap and impervious geosynthetic cap over surface soil, and place a one foot thick layer of clean fill in ponds to reduce ecological risk. Stauffer will also ensure institutional controls to limit the use of the property. Stauffer will continue to implement the groundwater remedy pursuant to the 1995 ROD and 1995 SOW. The 1995 ROD sets forth the response action for the groundwater contamination at the Site, and the 2006 ROD sets forth the response action as regards soils and sediments at the Site. The Remedy Construction for the Amended ROD is completed. The groundwater remedy continues to be implemented and works effectively.

Defendants (2)

• ATKEMIX THIRTY-SEVEN, INC.Named in complaintNamed in settlement
• STAUFFER MANAGEMENT COMPANY LLCNamed in complaintNamed in settlement

Facilities (1)

• STAUFFER MANAGEMENT CO

  2009 ORIENT RD, TAMPA, FL, 336190

  Registry ID: 110002526035

Statutes cited

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

Enforcement conclusions (2)

• STAUFFER CHEMICAL (TAMPA, FL)/ATKEMIX THIRTY-SEVENentered 1998-07-24

  Primary law: CERCLA

• STAUFFER CHEMICAL (TAMPA, FL) (AMENDED CD) (04-2010-C015)entered 2010-04-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-02-07Enforcement Action Data Entered
• 1997-02-07PRN Sent
• 1998-02-24Referred To Dept Of Justice
• 1998-06-12Complaint Filed With Court
• 2010-04-28Final Order Lodged
• 2010-04-28Final Order Entered
• 2010-04-28Concluded