EPA v. ILLINOIS CENTRAL RAILROAD CO./JOHNSTON YARD SUPERFUND ALTERNATIVE SITE

Case summary

8/31/11 - REFERRAL TO DOJ. 9/14/11 - EPA AND ILLINOIS CENTRAL RAILROAD CO., ENTERED INTO A CD, WHICH WAS LODGED WITH THE COURT ON SEPT 14, 2011, PURSUANT TO CERCLA 106 AND 107 FOR RD/RA AND RECOVERY OF INTERIM AND FUTURE RESPONSE COSTS AT ICRR'S JOHNSTON YARD SUPERFUND ALTERNATIVE SITE, SHELBY COUNTY, MEMPHIS, TN. NO PAST RESPONSE COSTS ARE DUE OR OWING BECAUSE ICRR HAS BEEN PREVIOUSLY BILL FOR, AND HAS ALREADY PAID, PAST RESPONSE COSTS THROUGH SEPT 19, 2010. ICRR IS TEH ONLY PRP AT THE SITE. THE COMPLAINT IN THIS CASE WAS FILED CONCURRENTLY WITH THE CD SETTLING THIS MATTER. THE SITE IS AN ACTIVE RAILROAD CLASSIFICATION YARD, LOCOMOTIVE FUELING AND SERVICING CENTER, CAR REPAIR FACILITY, AND A FORMER INTERMODAL TERMINUS STATION WHERE BULK LOADING AND UNLEADING OF SEMITRAILERS FROM RAIL CARRIERS WAS PERFORMED. THE RAIL YARD HAS BEEN IN EXISTENCE SINCE THE TURN OF THE 20TH CENTURY. THE SITE WAS FIRST ASSESSED BY THE STATE OF TN IN 1984. AS A RESULT OF PUBLIC CONCERN REGARDING THE TRANSPORT OF HAZ RAW MATERIALS THROUGH THE SITE AND THE POTENTIAL FOR SPILLS OF HAZ MATERIALS DURING PAST OPERATIONS, EPA CONDUCTED A SITE INSPECTION (SI) IN OCT 1991. THE SI SHOWED ELEVATED CONCENTRATIONS OF A NUMBER OF ORGANIC AN DINORGANIC CONTAMINANTS IN SURFACE SOIL, SUBSURFACE SOIL, SURFACE WATER, SEDIMENT, AND GROUNDWATER AT THE SITE. SINCE THAT TIME, THE SITE HAS BEEN FULLY EVALUATED AND A REMEDIAL INVESTIGATION WAS COMPLETED IN OCT 2006 AND A FEASIBLITY STUDY WAS COMPLETED IN JAN 2010. CURRENTLY, THE PRIMARY CONTAMINATION PATHWAY OF CONCERN IS GROUNDWATER. PURSUANT TO THE CD, ICRR WILL BE IMPLEMENTING THE REMEDY SELECTED IN THE ROD, DATE SEPT 2010, WHICH INCLUDES THE FOLLOWING ELEMENTS: MOBIL-ENHANCED MULTI-PHASE EXTRACTION TO EXTRACT AND RECOVER PHASE SEPARATED HYDROCARBONS (PSH) FROM GROUNDWATER WELLS LOCATED WITHIN THE CONTAMINANT PLUMES; ENHANCED BIOREMEDIATION AS NECESSARY AFTER THE PSH RECOVERY TO ADDRESS RESIDUAL GROUNDWATER CONTAMINATION; PERFORMANCE MONITORING; INSTITUTIONAL CONTROLS TO LIMIT FUTURE USE OF THE SITE TO INDUSTRIAL/COMMERCIAL USES AD TO PROHIBIT POTENTIAL FUTURE CONSUMPTION OF GROUNDWATER AT THE SITE UNTIL CLEANUP LEVELS AND REMEDIAL ACTION OBJECTIVES HAVE BEEN MET; AND ADDITIONAL GROUNDWATER MONITORING AS NECESSARY UNTIL GROUNDWATER STANDARDS HAVE BEEN MET. 10/27/11 - CD ENTERED.

Defendants (2)

• ILLINOIS CENTRAL RAILROAD COMPANYNamed in complaintNamed in settlement
• JOHNSTON YARD (ILLINOIS CENTRAL RAILROAD CO.)

Facilities (1)

• ILLINOIS CENTRAL RAILROAD CO./JOHNSTON YARD SUPERFUND ALTERNATIVE SITE

  297 RIVERGATE ROAD, MEMPHIS, TN, 38109

  Registry ID: 110044873777

Statutes cited

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

Enforcement conclusions (1)

• ILLINOIS CENTRAL RAILROAD CO./JOHNSTON YARD SUPERFUND ALTERNATIVE SITE (04-2012-C004)entered 2011-10-27

  Primary law: CERCLA

Timeline (7 milestones)

• 2010-09-28PRN Sent
• 2011-08-31Referred To Dept Of Justice
• 2011-09-07Enforcement Action Data Entered
• 2011-09-14Complaint Filed With Court
• 2011-09-14Final Order Lodged
• 2011-10-27Concluded
• 2011-10-27Final Order Entered