EPA v. MOBILE TANK CAR SERVICES SITE

Case summary

SITE IS LOCATED AT 4135 ALGONQUIN PARKWAY IN AN INDUSTRIALIZED AREA OF LOUISVILLE, JEFFERSON COUNTY, KENTUCKY, LOCALLY KNOWN AS RUBBER TOWN. MOBILE TANK CAR SERVICES, INC. ( MTCS ) OPERATED A RAILROAD TANK CAR CLEANING FACILITY AT THE SITE. THE FACILITY WAS CONSTRUCTED IN 1970. APPROXIMATELY 700 RAILROAD TANK CARS WERE CLEANED BY MTCS EACH YEAR BETWEEN THE YEARS 1970 TO 1985. MTCS ALSO RECEIVED INDUSTRIAL WASTEWATERS FROM OFF-SITE FOR DISPOSAL. MTCS FILED BANKRUPTCY IN 1989. NORFOLK SOUTHERN RAILWAY COMPANY ( NSRC ) AND ASHLAND CHEMICAL CO ( ACC ) ARE THE CURRENT OWNERS AND OPERATORS OF THE SITE. MTCS LEASED THE SITE FROM A SUCCESSION OF RAILWAY COMPANIES, NSRC BEING THE FINAL SUCCESSOR AND SITE OWNER. ACC OWNS THE PROPERTY ON WHICH PART OF THE WASTEWATER TREATMENT LAGOON IN WHICH THE HAZARDOUS WASTES FROM THE MTSC OPERATIONS WERE LOCATED. RECORDS INDICATE THAT BOTH ACC AND NSRC HAD TANK CARS CLEANED AT THE FACILITY. THE KENTUCKY DIVISION OF WASTE MANAGEMENT ( KDWM ) BECAME ACTIVE ON THE SITE DURING MTCS'S FACILITY CLOSURE EFFORTS. EPA AND KDWM SAMPLING INVESTIGATIONS AT THE FACILITY REVEALED ORGANIC CONTAMINANTS IN THE GROUNDWATER, SOILS, AND SLUDGES; AND SEVERAL EXTRACTABLE ORGANIC COMPOUNDS, METALS AND TOXAPHENE IN THE SOIL SAMPLES. KDWM WAS UNSUCCESSFUL IN ITS EFFORTS AGAINST MTCS FOR FAILURE TO PROPERLY CLOSE THE SITE. KDWM REQUESTED THAT EPA PURSUE FURTHER ENFORCFEMENT. ON 9/30/94, EPA ISSUED A UAO FOR REMOVAL TO NSRC AND ACC. NSRC AND ACC COMPLIED WITH THE UAO. EPA'S FINAL SITE INSPECTION WAS ON 7/10/96. ON 9/30/97, NSRC AND ACC FILED A CIVIL ACTION IN THE U.S. DISTRICT COURT, WDKY, AGAINST THE U.S. GOV'T AND VARIOUS OTHER PARTIES FOR CONTRIBUTION FOR THEIR PROPORTIONATE SHARE OF THE COSTS WHICH THE PLAINTIFFS EXPENDED IN THE SITE REMOVAL ACTIVITIES DEMANDED BY EPA'S UAO. EPA WAS NOT A NAMED PARTY IN THE CIVIL ACTION. ON 7/12/99, R4 APPROVED AND FORWARDED A 10-POINT SETTLEMENT ANALYSIS DOCUMENT WITH ACCOMPANYING SETTLEMENT AGREEMENT TO THE U.S. DOJ FOR THE RECOVERY OF EPA'S OVERSIGHT COSTS AT THE SITE. UNDER THE TERMS OF THE SETTLEMENT, EPA WILL RECOVER $242,000 IN REMOVAL OVERSIGHT COSTS. THE SETTLEMENT AMOUNT REPRESENTS 75% OF OVERSIGHT COSTS INCURRED BY EPA AT THE SITE. THE TOTAL COSTS INCURRED BY EPA ON THIS SITE WERE $323,904. THE SETTLEMENT AGREEMENT IS PART OF AN OVERALL FEDERAL GOV'T SETTLEMENT OF A CIVIL ACTION FILED BY NSRC AND ACC AGAINST VARIOUS PARTIES, INCLUDING VARIOUS FEDERAL AGENCIES FOR ALLEGED CONTRIBUTION OF HAZARDOUS SUBSTANCES TO THE SITE BY THESE PARTIES.

Defendants (2)

• ASHLAND CHEMICAL COMPANYNamed in settlement
• NORFOLK SOUTHERN RAILWAY COMPANYNamed in settlement

Facilities (1)

• MOBILE TANK CAR SERVICES

  4135 ALGONQUIN PKWY, LOUISVILLE, KY, 40211

  Registry ID: 110000700420

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• MOBILE TANK CAR SERVICES SITEentered 1999-11-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1999-07-12Referred To Dept Of Justice
• 1999-09-30Enforcement Action Data Entered
• 1999-11-30Final Order Lodged
• 1999-11-30Final Order Entered
• 1999-11-30Complaint Filed With Court
• 1999-11-30Concluded
• 1999-11-30Enforcement Action Closed