EPA v. WEYERHAEUSER CO. PLYMOUTH WOOD TREATING SUPERFUND SITE (OU 1)

Case summary

5/5/03 - REFERRAL SENT TO DOJ. This referral requests that the U.S. Department of Justice file a complaint and lodge the proposed Consent Decree for entry into the Eastern District of North Carolina. This Consent Decree addresses the Remedial Design and Remedial Actions ( RD/RA ) to be taken by Weyerhaeuser at the Former Landfill No. 1, a/k/a Operable Unit 1 ( OU-1 ) of the Weyerhaeuser Company Plymouth Wood Treating Plant Superfund Site, in North Carolina ( Site ). The Site currently consists of four Operable Units, three of which (including OU-1) the Potentially Responsible Party, Weyerhaeuser Company, agreed to do the Remedial Investigation and Feasibility Study (RI/FS) for in an Administrative Order on Consent (AOC) in March of 1998. EPA issued the Record for Decision for OU-1 on March 25, 2002. Currently the fund lead RI/FS for the Roanoke River (OU-2) is being conducted, and Weyerhaeuser continues to work on the RI/FS for Welch Creek (OU-4). The Former Landfill occupies approximately 97 acres of the Site. It became operational in the mid-1950s, and was closed in the early 1980s. Materials disposed of in the landfill include bark, sawdust, lime grits, and waste paper. Additionally, spent materials containing mercury generated at the Former Chlorine Plant were disposed of in the landfill. In 1981, Weyerhaeuser received permission from the State of North Carolina (the State ) to close the Former Landfill. As part of the closure, the landfill was covered with settled solids from wastewater treatment system lagoons located at the Site. This Consent Decree will implement the remedy for OU-1 which requires Weyerhaeuser to build a cover system that consists of placing a barrier layer of either gravel or earthen materials over a geotextile covering the entire footprint of the Former Landfill. This cover configuration will eliminate direct contact to the current cover soils. The geotextile separates the wastewater solids from the supplemental cover materials and provides a physical barrier to burrowing animals. The geotextile also serves as a warning layer to alert personnel of any compromise in cover integrity and provides structural reinforcement and stabilization of the sub-grade in traffic areas. The risk to ecological receptors in the adjacent wetlands would be reduced through source control, covering the landfill, and natural recovery. The accumulation of clean sediments and organic material associated with leaf fall and natural biodegradation of wetland vegetation will continue to cover the affected wetland soils adjacent to the landfill. Institutional controls, including deed restrictions, will be applied to the Former Landfill area to prevent future use of the groundwater as a potable water source. Periodic groundwater monitoring will be conducted to assess the effectiveness of this remedial alternative for protection of groundwater quality. A monitoring well network consisting of existing wells and possibly some additional wells will be included.Five year reviews are required to determine if contaminants which remain onsite are causing additional risk to human health or the environment. As a result of this review, EPA will determine if additional Site remediation is required. Five-year reviews are assumed to be conducted for a 30-year period. The sole PRP is the Weyerhaeuser Company because it is the owner/operator of the Site. EPA is asking Weyerhaeuser Company to perform the RD/RA by completing the work described above, thereby implementing the Record of Decision for OU-1. This Site is considered a Superfund Alternative Site, and therefore this CD incorporates the provisions outlined in the June 24, 2002, memorandum titled Response Selection and Enforcement Approach for Superfund Alternative Sites OSWER 92-08.0-17, issued by EPA Headquarte

Defendants (1)

• WEYERHAEUSER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• WEYERHAEUSER NR COMPANY

  1375 NC HIGHWAY 149 N, PLYMOUTH, NC, 27962

  Registry ID: 110071100189

Statutes cited

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

Enforcement conclusions (1)

• WEYERHAEUSER CO (04-2003-C018entered 2003-08-18

  Primary law: CERCLA

Timeline (7 milestones)

• 2002-06-04PRN Sent
• 2003-05-05Referred To Dept Of Justice
• 2003-06-25Final Order Lodged
• 2003-06-25Complaint Filed With Court
• 2003-08-18Concluded
• 2003-08-18Final Order Entered
• 2003-09-23Enforcement Action Data Entered