EPA v. AZP PROCESS PONDS SITE, RUTHERFORD COUNTY, NORTH CAROLINA

Case summary

JANUARY 19, 2022 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTIONS; g. On July 28, 2021, AZP initiated the removal and replacement of the liners within the raffinate pond. After removing the liners, AZP discovered a discoloration in the underlying substrate surface which suggested a potential release from the pond. AZP collected samples of the substrate material (sand and gravel) at two locations. A small amount of liquid was encountered during sampling at one of the locations. The samples were sent to AZP?s onsite QA/QC laboratory and a third-party laboratory for analysis. The liquid sample exhibited a pH less than 2 standard units (s.u.) and elevated metal concentrations. The presence of elevated metals in substrate material beneath the pond suggested material had leaked from the pond. h. On July 29, 2021, AZP received the preliminary results from its on-site laboratory which indicated elevated levels of metal concentrations. i. Upon discovering the evidence of a potential release of hazardous substances from the raffinate pond, Respondent notified the National Response Center of the release on July 29, 2021. j. This discovery of the potential release from the raffinate solution pond triggered the investigation of the depleted solution pond and the maintenance pond. To facilitate this investigation, AZP converted the Western Ponds to storage tanks with the liner system in each pond serving as secondary containment. k. On July 30, 2021, NCDEQ Hazardous Waste Section and Division of Water Resources conducted a Site visit and conducted water quality monitoring of a spring that is off-site on a neighboring property that discharges to an unnamed tributary (?Ravine 4?) to the Broad River. The pH of the spring was 4.5. The spring is approximately 200 feet from the west side ponds. l. On August 4, 2021, AZP collected surface water samples from Ravine 4, which lies below the Western Ponds. m. On a conference call on August 9, 2021, AZP updated EPA and NCDEQ on the sampling conducted to date and AZP?s initial response to the release from the raffinate solution pond. AZP also proposed additional work to investigate the impacts of the release. On August 9, 2021, AZP submitted a Sampling and Analysis Plan to NCDEQ and provided a copy to EPA.

Defendants (1)

• AZP PROCESS PONDS SITE, RUTHERFORD COUNTY, NORTHNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN ZINC PRODUCTS FIRE

  484 HICKS GROVE RD, MOORESBORO, NC, 28114

  Registry ID: 110070828296

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery
• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (2)

• AZP PROCESS PONDS SITE, RUTHERFORD COUNTY, NORTH CAROLINAentered 2022-01-19

  Primary law: CERCLA

• AZP PROCESS PONDS SITE, RUTHERFORD COUNTY, NORTH CAROLINAentered 2022-02-02

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-02-02Final Order Issued
• 2022-04-15Enforcement Action Data Entered