EPA v. POWELL DUFFRYN TERMINALS, INC. SITE

Case summary

CERCLA -IN RESPONSE TO AN EXPLOSION & FIRE AT POWELL DUFFRYN TERMINALS, INC. FACILITY, THE U.S. COAST GUARD INITIATED A CERCLA REMOVAL ACTION IN APRIL 1995. WHILE THE COAST GUARD TOOK THE LEAD ROLE AT THE SITE, EPA, NOAA, AND ATSDR ASSISTED. THE TOTAL COSTS INCURRED BY THE FEDERAL GOVERNMENT IS APPROXIMATELY $2,5 MILLION, WHICH HAS BEEN OR WILL BE PAID FROM TEH HAZARDOUS SUBSTANCES TRUST FUND (SUPERFUND). ON JUNE 26, 1998, REGION 4 REFERRED A SECTION 107 COST RECOVERY CASE TO DOJ, SEEKING TO RECOVER COSTS INCURRED BY EPA (AND THE COAST GUARD, NOAA, AND ATSDR. THE SUIT WILL BE FILED AGAINST POWELL DUFFRYN TERMINALS, INC. AND POSSIBLY ITS PARENT CORPORATION. CAA - ACTION REFERRED TO DOJ 5/29/97. PDT OPERATES A BULK TRANSFER AND STORAGE FACILITY IN SAVANNAH, GA, ADJACENT TO THE SAVANNAH RIVER. AT 11:30 P.M. ON THE EVENING OF 4/10/95, AN ABOVEGROUND STORAGE TANK CONTAINING 211,000 GALLONS OF TURPENTINE EXPLODED AND CAUGHT FIRE. THE INCIDENT AROSE PRIMARILY FROM PDT'S FAILURE TO MAINTAIN A SAFE FACILITY. PDT VIOLATION THE SECTION 112(R) OF THE CAA (GENERAL DUTY CLAUSE), BY FAILING: (1) TO IDENTIFY THE HAZARDS ASSOCIATED WITH STORING HAZARDOUS CHEMICALS; (2) TO DESIGN AND CONSTRUCT SYSTEMS TO ELIMINATE OR SIGNIFICANTLY REDUCE THE HAZARDS; AND (3) TO CREATE SYSTEMS TO MINIMIZE THE EXTENSIVE DAMAGE OF A FIRE EMERGENCY.

Defendants (1)

• POWELL DUFFRYN TERMINALS, INC.Named in complaintNamed in settlement

Facilities (1)

• POWELL DUFFRYN TERMINALS INC

  HUTCHINSON ISLE, SAVANNAH, GA, 31402

  Registry ID: 110007084555

Statutes cited

• CAA 112R — General Duty/Accidental Release
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• POWELL DUFFRYN TERMINALS, INC.entered 2001-09-21

  Primary law: CERCLA

  · SEP: $320,000

Timeline (6 milestones)

• 1998-06-26Referred To Dept Of Justice
• 1998-07-15Enforcement Action Data Entered
• 2001-07-25Final Order Lodged
• 2001-07-25Complaint Filed With Court
• 2001-09-21Final Order Entered
• 2001-09-21Concluded