EPA v. ANNISTON PCB SITE (OU 3)

Case summary

THIS CD ADDRESSES THE PERFORMANCE OF THE OU3 INTERIM ROD (IROD) IN CONNECTION WITH THE RELEASE OR THREAT OF RELEASE OF HAZ SUBSTANCES, NAMELY OF PCBs AT OU3 OF THE SITE. THIS SETTLEMENT ADDRESSES THE FIRST REMEDIAL ACTION SELECTED FOR THE SITE. OU3 OR THE FAICLITY PROPERTY (AND THE ADJACENT LANDFILLS) IS THE ORIGINAL SOURCE OF THE CONTAMINATION. THE SELECTED REMEDY INCLUDES SOIL CAPPING AND EXPANDED GROUNDWATER EXTRACTION AND MAN. SOME OF THE COMPONENTS OF THE REMEDY INCLUDE: INSTALLING A NEW RCRA SUBTITLE C CAP OVER VARIOUS LANDFILL CELLS AND CONTAMINATED PORTIONS OF THE FACILITY PROPERTY, ENHANCED INSTITUTIONAL CONTROLS, INSTALLING ADDITIONAL FENCING, OPTIMIZING AND EXPANDING THE EXISTING GROUNDWATER CORRECTIVE ACTION SYSTEM, PRE-TREATING THE EXTRACTED GROUNDWATER PRIOR TO DISCHARGE TO THE POTW AN DPROVIDING OPERATOIN, MONITORING AND MAINTENANCE OF ALL THE REMEDIAL COMPONENTS INSTALLED. THE LONG TERM GOAL OF RESTORATION OF GROUNDWATER TO BENEFICIAL (I.E., THE ATTAINMENT OF DRINKING WATER STANDARDS) WILL ULTIMATELY BE MET WITH THE ISSUANCE OF A FINAL ROD ONCE CONFIRMATION SAMPLING UNDER THIS ACTION DEMONSTRATES THAT RESTORATOIN OF THE GROUNDWATER IS ACHIEVABLE. S/P AND ITS PREDECESSORS HAVE OWNED AND OPERATED THE FACILITY COMPRISING OU3 SINCE THE EARLY 1990s. THIS FACILITY PRODUCED PCBs FROM 1929 TO 1971. FORMER MONSANTO'S RECORDS INDICATE THAT APPROX 680,000,000 POUNDS OF PCBs WERE MANUFACTURED AT THE PLANT, WHICH ULTIMATELY GENERATED 87,229,412 POUNDS OF PCB WASTE AT OU3, THE MAJORITY OF WHICH WAS DISPOSED OF IN THE SOUTH AND WEST END LANDFILLS. AS A RESULT, PCB CONTAMINATION IS PRESENT AT THE PLANT SITE, ADJACENT LANDFILLS, SNOW AND CHOCCOLOCCO CREEKS, THEIR TRIBUTARIES, FLOODPLAINS AND OTHER DOWNSTREAM AREAS AND NUMEROUS RESIDENTIAL AND COMMERCIAL PROPERTIES THROUGHOUT THE ANNISTON AREA. THE RI/FS WORK COMPLETED TO DATE HAS IDENTIFIED THE FOLLOWING OUs: OU1 AND OU2 (RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES AROUND THE ANNISTON PLANT AND DOWNSTREAM ALONG SNOW CREEK TO HWY 78); OU3 (DEFINED HEREIN); AND OU4 (SNOW CREEK AND ITS FLOODPLAIN DOWNSREAM OF HWY 78 TO THE CONFLUENCE OF SNOW AND CHOCCOLOCCO CREEKS AND CHOCCOLOCCO CREEK AND ITS FLOODPLAIN FROM THE BACKWATER AREA UPSTREAM OF SNOW CREEK TO THE EMBAYMENT OF LAKE LOGAN MARTIN ON THE COOSA RIVER). EPA RESERVES THE RIGHT TO IDENTIFY OTHER OUs IN THE FUTURE, SHOULD ADDITIONAL CERCLA RESPONSE WORK BE REQUIRED IN AREAS NEAR OU1 THROUGH OU4. EPA INTENDS TO NEGOTIATE WITH S/P FOR PERFORMANCE OF THE RD/RA FOR OU1/OU2 AND OU4. EPA ANTICIPATES COMPLETING THE RI/FS AND ROD FOR THESE OUs AND SENDING OUT SPECIAL NOTICE LETTERS TO S/P OVER THE NEXT TWO YEARS. THEREAFTER, EPA AND DOJ WILL ATTEMPT TO NEGOTIATE AN RD/RA CD AND STATEMENT OF WORK FOR THESE OUs WITH S/P, AND OTHER IDENTIFIED PARTIES, AND FILE THESE DOCUMENTS WITH THE U.S. DISTRICT COURT FOR THE ND OF AL.

Defendants (2)

• PHARMACIA CORPORATIONNamed in complaintNamed in settlement
• SOLUTIA, INC.Named in complaintNamed in settlement

Facilities (1)

• ANNISTON PCB SITE

  U.S. HWY 202, ANNISTON, AL, 36201

  Registry ID: 110000368806

Statutes cited

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

Enforcement conclusions (1)

• ANNISTON PCB SITE (OU 3) (04-2011-9005)entered 2013-04-17

  Primary law: CERCLA

Timeline (6 milestones)

• 2011-04-18Enforcement Action Data Entered
• 2012-09-28Referred To Dept Of Justice
• 2012-12-06Complaint Filed With Court
• 2013-03-08Final Order Lodged
• 2013-04-17Final Order Entered
• 2013-04-17Concluded