EPA v. MRI SUPERFUND SITE

Case summary

The MRI Superfund Site is the location of a former de-tinning/steel recycling facility. In 1999, EPA issued a Record of Decision (ROD) for the first operable unit (OU1) at the Site, which addresses soil contamination. EPA entered into a Remedial Design/Remedial Action (RD/RA) Consent Decree (CD) for the OU1 on February 19, 2002, with the Settling Defendants, including MRC Holdings, Inc. In addition to soil contamination at the Site, it has been concluded that there are several contaminants present in the surficial aquifer at concentrations in excess of their respective state or federal MCLs. The OU2 remedy addresses the groundwater contamination at the Site. The Proposed Plan fact sheet for the OU-2 remedy was released on April 11, 2008. The start of the public comment period was advertised in the Tampa Tribune on April 14, 2008, and the 30-day comment period was held between April 14, 2008 and May 13, 2008. EPA received two comments on the Proposed Plan, one from the Florida Department of Environmental Protection (FDEP) and one from Erler & Kalinowski (E&K), the consultant for MRC Holdings, Inc. In the ROD for the OU-2 remedy, which was issued by EPA on September 29, 2008, EPA addresses the public comments in the responsiveness summary. Since entry of the first CD for the OU1 remedy, MRC Holdings, Inc., has acquired title to the Site property and has been willing to enter into a second CD to implement the RD/RA for OU2, which is the final operable unit at the Site. On July 13, 2009, MRC Holdings, Inc. executed the OU2 RD/RA CD as the sole signatory and agreed to perform the groundwater remedy, estimated to cost $6.7 million, and to pay all future response costs associated with the remedy. The basic components of the OU2 remedy consist of the following: (1) containment of contaminated groundwater by means of a slurry or vertical barrier wall with a multimedia cap to contain the most heavily impacted portion of the surficial aquifer; (2) excavation of soils and sediments exceeding the remedial goal for protection of groundwater, said soil being contained within the boundaries of the slurry wall or incorporated into the multi-media cap; (3) monitoring of the groundwater contaminated outside of the barrier wall (a) to show that the contamination is naturally attenuating and (b) to assess the effectiveness of the barrier; and (4) the implementation of institutional controls and long-term maintenance and monitoring. Following the lodging of the CD on August 3, 2009, DOJ and EPA issued a joint press release about the proposed settlement. In addition, the CD was subject to a thirty day public comment period, which ended on September 8, 2009. DOJ received no comments during the public comment period, and the CD was entered on September 25, 2009, by the United States District Court, Middle District of Florida, Tampa Division. MRC Holdings, Inc. is the sole work-performing party and will implement both the OU1 and the OU2 RD/RA remedies concurrently.

Defendants (1)

• MRC HOLDINGS, INC. (SB)Named in complaint

Facilities (1)

• MRI CORP (TAMPA)

  9220 STANNUM STREET, TAMPA, FL, 33619

  Registry ID: 110005660695

Statutes cited

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

Enforcement conclusions (1)

• MRI SUPERFUND SITEentered 2009-09-25

  Primary law: CERCLA

Timeline (7 milestones)

• 2008-08-06PRN Sent
• 2008-08-29Enforcement Action Data Entered
• 2009-07-28Referred To Dept Of Justice
• 2009-07-30Complaint Filed With Court
• 2009-07-30Final Order Lodged
• 2009-09-25Concluded
• 2009-09-25Final Order Entered