EPA v. W & R DRUM SITE

Case summary

1. W & R DRUM INC. WAS A DRUM RECYCLING BUSINESS OWNED AND OPERATED BY MR.JOHNNIE WILLIAMS FROM THE EARLY 1980'S UNTIL 1994. W & R DRUM WAS IN THE BUSINESS OF RECONDITIONING 55-GALLON DRUMS THAT WERE ORIGINALLY USED FOR VARIOUS PRODUCTS RANGING FROM PRINTING INKS, PAINTS, GLUES, AND SOLVENTS. MR.WILLIAMS OBTAINED DRUMS FROM OTHER FACILITIES IN THE MEMPHIS AREA, MANY OF WHICH CONTAINED VARIOUS AMOUNTS OF RESIDUAL WASTE WHICH WOULD BE CONSIDERED HAZARDOUS SUBSTANCES. ONCE THE DRUMS WERE RECEIVED AT THE FACILITY THEY WERE EITHER RECONDITIONED IMMEDIATELY, OR STORED FOR LATER RECONDITIONING. ATHOUGH DRUMS RECEIVED AT THE FACILITY MAY HAVE BEEN VISUALLY INSPECTED PRIOR TO RECONDITIONING, NO ANALYTICAL TESTING WAS DONE TO DETERMINE WHETHER THE REMAINING DRUM CONTENTS WERE HAZARDOUS SUBSTANCES AS DEFINED BY CERCLA, SECTION 101(14), 42 U.S.C SECTION 9601(14). THE DRUMS WERE RECONDITIONED BY REMOVING THE LIDS AND SCRAPING AND/OR RINSING THE CONTENTS OF THE DRUMS ONTO THE GROUND. THE CONTENTS OF THE DRUMS FLOWED ALONG A DRAINAGE TRENCH THAT LED TO TWO 500-GALLON UNDERGROUND HOLDING TANKS. THE DRUMS THEN STEAM RINSED, WITH THE WASH WATER FLOWING TOWARDS THE TWO UNDERGROUND HOLDING TANKS. THE CONTENTS FROM THE UNDERGROUND TANKS PERIODICALLY OVERFLOWED ONTO THE GROUND SURROUNDING THE AREA. IN ADDITION, THE CONTENTS FROM THE OVERFLOWING TANKS DRAINED INTO A ON-SITE STORMWATER DRAIN DURING HEAVY RAINFALL OR THE NORMAL DRUM-WASHING PROCEDURES. AS A RESULT OF W & R DRUM'S OPERATIONS, THE SOIL AT THE SITE BECAME HEAVILY CONTAMINATED WITH LEAD, CHROMIUM, AND A VARIETY OF ORGANIC CONTAMINANTS. W & R DRUM WAS THE SUBJECT OF SEVERAL STATE OF TENNESSEE AND EPA REGULATORY INSPECTIONS AND WAS THEN CITED FOR NUMEROUS VIOLATIONS RELATED TO THEIR WASTE-HANDLING PROCEDURES THROUGHOUT ITS OPERATIONS. EPA ATTEMPTED TO NEGOTIATE AN AOC FOR REMOVAL ACTION WITH MR. WILLIAMS FOR THE CLEANUP OF THE SITE, BUT WAS UNSUCCESSFUL. ON JULY 6, 1994, EPA BEGAN A TIME-CRITICAL, FUND-LEAD REMOVAL ACTION AT THE SITE. OVER 27,000 DRUMS WERE DISCOVERED STACKED IN A DISORGANIZED MANNER AND IN VARIOUS CONDITIONS. THESE DRUMS WERE PRESSURE RINSED, CRUSHED AND/OR CUT UP, AND DISPOSED OF OFF-SITE. ALTHOUGH MOST OF THE DRUMS CONTAINED RESIDUAL MATERIAL, 1,109 FULL DRUMS WERE DISCOVERED DURING THE REMOVAL. THE CONTENTS OF THESE DRUMS WERE HAZCAT TESTED AND BULKED TESTED. A TOTAL OF FIVE BULKING GROUPS (CHLORINATED, ACID, AQUEOUS, ALKALINE, AND FLAMMABLE) WERE SENT FOR OFF-SITE DISPOSAL. IN ADDITION, PERIMETER FENCING WAS INSTALLED AT THE SITE. FURTHER, FOUR ON-SITE BUILDINGS DETEREMINED TO BE STRUCTURALLY UNSOUND WERE DEMOLISHED AND THE DEBRIS DISPOSED OF OFF-SITE. AFTER THE DRUMS AND BUILDINGS WERE REMOVED, THE SOIL WAS EXCAVATED TO A DEPTH OF 1 TO 1.5 FEET OVER THE ENTIRE SITE, ALTHOUGH SOME AREAS WERE EXCAVATED UP TO 5 FEET DUE TO HIGH LEVELS OF CONTAMINATION. UPON COMPLETION OF THE SOIL REMOVAL, THE SITE WAS BACKFILLED WITH APPROXIMATELY TWO FEET OF CLEAN SOIL AND WAS SUBSEQUENTLY GRADED, SEEDED, AND FERTILIZED. 2. THE POTENTIAL DEFENDANTS IDENTIFIED IN THE REFERRAL INCLUDE MR. WILLIAMS, THE OWNER/OPERATOR OF THE SITE, AND 48 GENERATOR PRPS WHO SENT DRUMS CONTAINING RESIDUAL AMOUNTS OF HAZARDOUS SUBSTANCES TO THE SITE FOR DISPOSAL. IN ADDITION, MS. LILLIANTYNE WILLIAMS AND MS. SA

Defendants (65)

• ASHLAND, INC.Named in complaintNamed in settlement
• SAFETY-KLEEN (GS), INC.Named in complaintNamed in settlement
• CIBA SPECIALTY CHEMICALS CORP.Named in complaintNamed in settlement
• QUEBECOR PRINTING OLIVE BRANCH, INC.Named in settlement
• RICSAN INDUSTRIAL, INC.Named in settlement
• ROADSHOW BMW, INC.Named in complaintNamed in settlement
• ROADSHOW ENTERPRISES, INC.Named in complaintNamed in settlement
• SAUER, SARAHNamed in settlement
• SHARP ELECTRONICS CORP.Named in complaintNamed in settlement
• BRENT AMERICA, INC.Named in complaintNamed in settlement
• BRINKMANN CORPORATIONNamed in complaintNamed in settlement
• BRYCE DIXICO, INCNamed in complaintNamed in settlement
• BUCKMAN LABORATORIES INTERNATIONAL, INC.Named in complaintNamed in settlement
• BURKE HALL PAINTNamed in settlement
• C.P. HALL CO.Named in complaintNamed in settlement
• CEDAR CHEMICAL CO.Named in complaintNamed in settlement
• ACME CHEMEX, INC.Named in settlement
• AMERICAN HELMITINNamed in settlement
• GUARDSMAN PRODUCT, INC.Named in complaintNamed in settlement
• HARCROS CHEMICALS, INC.Named in complaintNamed in settlement
• HCI CHEMTECH DISTRIBUTIONNamed in settlement
• HUNTER FAN COMPANYNamed in complaintNamed in settlement
• HUNTER FAN OF TENNESSEE COMPANYNamed in complaintNamed in settlement
• IBC MANUFACTURINGNamed in complaintNamed in settlement
• KARN AUTOMOTIVE PRODUCTSNamed in complaintNamed in settlement
• …and 40 more

Facilities (1)

• W & R DRUM COMPANY

  1492 GRIMES PLACE, MEMPHIS, TN, 38106

  Registry ID: 110004980557

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• W & R DRUM - LILLY INDUSTRIESentered 2000-02-29

  Primary law: CERCLA

• W & R DRUMS SITE (JOHNNIE WILLIAMS ET AL.)entered 1999-09-17

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-03-13Referred To Dept Of Justice
• 1998-04-08Enforcement Action Data Entered
• 1998-10-30Complaint Filed With Court
• 2000-02-29Final Order Lodged
• 2000-02-29Final Order Entered
• 2000-02-29Concluded
• 2000-09-29Enforcement Action Closed