EPA v. HERCULES INC. SUPERFUND SITE

Case summary

NOVEMBER 17, 2022 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY In 2005, Hercules submitted a corrective action plan (CAP) after conducting MDEQ-approved investigations under the MDEQ Voluntary Evaluation Program. The CAP proposed a combination of institutional controls and monitored natural attenuation of groundwater and surface water along with contingency measures if constituents of concern exceeded regulatory levels in key wells for three consecutive sampling events. In January 2008, Hercules entered into a Restrictive Use Agreed Order (?RUAO?) with MDEQ to restrict land and groundwater use on the Site property and to document the ongoing monitoring program and corrective action requirements outlined in the CAP. Land use restrictions have not been placed on the parcels that were purchased to the south and to the east of the main plant area. In November 2008, MDEQ issued a Notice of Violation (NOV) to Hercules after analytical results indicated that some areas of the sludge pits exhibited the hazardous characteristic of toxicity for benzene. In March 2009, a compliance evaluation inspection by MDEQ disclosed several violations involving the IB. MDEQ then requested the EPA?s assistance to sample the sludge pits. The EPA took 12 samples from the sludge pits in September 2010. Benzene failed the Toxicity Characteristic Leaching Procedure (TCLP) in six of the samples. In May 2011, the EPA issued to Hercules an Administrative Order pursuant to RCRA Section 3013(a) requiring the company to conduct on- and off-Site monitoring, testing, and reporting to determine the nature and extent of any environmental contamination at and coming from the Site property. In June 2014, the EPA issued to Hercules an Administrative Order on Consent pursuant to RCRA Section 3008(h) requiring Hercules to take several interim remedial measures, including working with the City of Hattiesburg to repair and replace a sewer line; removal of dense non-aqueous phase liquids (DNAPL) from a well east of the Site; evaluation of VOCs in shallow groundwater east and south of the facility; evaluation of vapor intrusion at nearby residences; and decommissioning the wastewater treatment impoundment basin. Current Site activities include investigative and remedial activities under the two EPA RCRA Administrative Orders and the MDEQ RUAO, compliance with institutional controls to restrict access and uses at and around the Site, and maintenance of the property, roads, and the vegetative covers on the former industrial landfill and a backfilled impoundment basin. In 2021, the EPA initiated an Expanded Site Inspection (ESI) to determine the need for additional remedial work under CERCLA. As part of the ESI, contractors for the EPA collected: 23 surface soil samples from 22 locations; 29 subsurface soil samples from 23 locations; 13 samples from the sludge pits; 7 sediment samples from Greens Creek and drainage areas; and 33 groundwater samples from 26 permanent monitoring wells throughout the Site.

Defendants (1)

• Hercules LLCNamed in settlement

Facilities (1)

• HERCULES INC

  613 WEST 7TH STREET, HATTIESBURG, MS, 39401

  Registry ID: 110000377093

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• HERCULES INC. SUPERFUND SITEentered 2022-11-17

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-11-17Final Order Issued
• 2023-01-05Enforcement Action Data Entered