EPA v. WEYERHAEUSER CO. PLYMOUTH WOOD TREATING SITE - OU 3

Case summary

9/8/03 - PRN SENT. This PRN precedes the negotiation for a Consent Decree that will address the Remedial Design and Remedial Actions ( RD/RA ) to be taken by Weyerhaeuser at the Former Chlorine Plant, a/k/a Operable Unit 3 ( OU-3 ) of the Weyerhaeuser Company Plymouth Wood Treating Plant Superfund Site, in North Carolina ( Site ). The Remedial Investigation and Feasibility Study for OU-3 has been completed, and in September of 2003 EPA plans on issuing the Record of Decision for OU-3 and will begin negotiations with the PRP Weyerhaeuser Company to perform the RD/RA. The Site currently consists of four Operable Units, three of which (including OU-3) 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, and the CD for RD/RA for OU-1 was entered by the Court on August 18, 2003. The RI/FS for OU-3 was completed on June 24, 2003, by Weyerhaeuser and the Proposed Plan for OU-3, was published on July 12, 2003. Currently the RI/FS for the Roanoke River (OU-2), which is fund lead is being conducted, and Weyerhaeuser continues to work on the RI/FS for Welch Creek (OU-4). The Former Chlorine Plant, OU-3, is in an industrial area, approximately three acres in size, located adjacent to the Roanoke River. A sheet pile bulkhead forms the entire northern boundary with the river. The area where the Plant once stood is now primarily covered with asphaltic concrete pavement and concrete, and is used for loading, unloading, and storage of raw materials used at the Weyerhaeuser Plant. This Plant operated from approximately 1952 to 1968. The Plant produced chlorine and sodium hydroxide, and used mercury cells in the production process. Weyerhaeuser left a large mass of mercury buried under the Former Chlorine Plant. It was determined that concentrations of up to 45,000 mg/kg total mercury was found to a depth of 45 feet beneath the Former Chlorine Plant. Approximately 7,500 pounds of mercury are estimated to be present in the soil, more than half of that is in soil to a depth of ten feet. Additionally, metallic mercury in its liquid form, was observed as beads in several soil samples. The proposed cleanup would involve installation of a vertical barrier wall around the area of the footprint of the Former Chlorine Plant building, as well as two targeted excavations of high soil contamination outside of the enclosure. The barrier wall enclosing the source area under the old building footprint would contain approximately 90% of the mass of mercury in the sub-surface soils in the Former Chlorine Plant Area. The containment and excavation of 94% of the total mass of mercury would reduce the mass movement of mercury in groundwater leaving the Former Chlorine Plant Area. Additional and repaired surface covers would also reduce the movement of mercury into groundwater. The containment system would also serve to reduce the risk of a catastrophic release of the large quantity of mercury currently in the site soils. A groundwater monitoring program would be performed outside of the containment structure. 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-3. This Site is considered a Superfund Alternative Site, and therefore this CD will incorporate 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 Headquarters. CASE SUMMARY FOR REFERRAL: THIS CONSENT DECREE IS FOR RD/RA FOR OU 3 AT THE WEYERHAEUSER SITE IN NC. OU 3 IS THE FORMER CHLORINE PLAN WHICH OPERATED UNTIL 1968. THE PLANT PRODUCED CHLORINE AND SODIUM HY

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. PLYMOUTH WOOD TREATING SITE - OU 3 (04-2004-C019)entered 2004-07-27

  Primary law: CERCLA

Timeline (7 milestones)

• 2003-09-08PRN Sent
• 2003-09-23Enforcement Action Data Entered
• 2004-04-23Referred To Dept Of Justice
• 2004-05-24Final Order Lodged
• 2004-05-24Complaint Filed With Court
• 2004-07-27Concluded
• 2004-07-27Final Order Entered