EPA v. PETROLEUM PRODUCTS CORPORATION SITE

Case summary

NOVEMBER 23, 2022 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDE CONSENT FOR REMEDIAL DESIGN The Petroleum Products Corporation (PPC) Superfund Site is on the National Priorities List (NPL) and is located in a mixed-use area in Pembroke Park, Broward County, Florida. It is located just east of I-95 approximately three miles west of the Atlantic Ocean just southwest of Fort Lauderdale. The Site is bordered on the north by Pembroke Road, on the south by Carolina Street, on the west by Park Road and on the east by SW 31st Avenue. The Site is approximately 7 acres and consists of multiple small-bay warehouse buildings. PPC operated a waste oil recycling and re-refining facility from 1958 to 1983, that processed over 15 million gallons of used oil. Using an acid-clay process, the facility generated over 50,000 cubic yards of contaminated soil and sludges that were disposed in two large pits on the property. An additional 100,000 gallons of waste oil were released from the facility storage tanks and operations over the years to further contaminate the area. After complaints and lawsuits from neighbors and local and state enforcement activities, PPC shut down the bulk of its operations in 1970, partially remediated the facility property and constructed multiple warehouse buildings throughout the 1970s. PPC related entities sold the property containing these warehouses during the 1970s to a private real estate ownership group that still owns these parcels today. The waste oil and waste solvent liquids processed by the PPC facility contained numerous hazardous substances found at the Site including lead, arsenic, benzene, toluene and PAHs in concentrations exceeding soil and groundwater cleanup standards. These hazardous substances were released at the PPC Site through historical sloppy process operations, spills and leaks from above ground and underground storage tanks, several facility fires and the spillage of materials during the transport of waste oil upon arrival to and departure from the PPC facility. EPA, FDEP and Respondents have worked cooperatively to ensure that the implementation of the remedial action can be accommodated within the requirements of CERCLA and the NCP and FDEP?s regulatory process. In advancement of that goal, EPA seeks to facilitate the reimbursement of certain costs associated with as well as the completion of the RD that will be conducted under this Settlement by Respondents working collaboratively with EPA and FDEP. EPA, FDEP and Respondents? goal is to complete the RD by June 30, 2023, at the latest, to assist FDEP in its procurement of an RA Contractor by February 1, 2024. To achieve this goal, there is insufficient time to conduct both the RD and RA after entry of the RD/RA Consent Decree currently being negotiated by EPA and the Site PRPs and still meet the February 1, 2024 deadline. As a result, this Settlement is being executed to expedite completion of the RD and to facilitate the disbursement of funds from the PPC Site Special Account to reimburse certain costs associated with performance of the RD Work. EPA and the Respondents acknowledge that it is the intent of the parties to enter into an RD/RA CD prior to February 1, 2024 to further facilitate cooperation among EPA, FDEP, and Respondents to complete work at the Site. EPA acknowledges that Respondents, which have on a collective basis less than a 15% allocation share, have entered into this Settlement solely to expedite initiation of the RD and to facilitate the reimbursement of certain costs associated with performance of the RD Work to the Respondents from the PPC Site Special Account for Work required to complete the RD by June 30, 2023.

Defendants (1)

• PETROLEUM PRODUCTS CORPORATION SITENamed in settlement

Facilities (1)

• PETROLEUM PRODUCTS CORP.

  14000 BLOCK PEMBROKE ROAD, PEMBROKE PARK, FL, 33024

  Registry ID: 110009281767

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• PETROLEUM PRODUCTS CORPORATION SITEentered 2022-11-23

  Primary law: CERCLA

Timeline (2 milestones)

• 2022-11-23Final Order Issued
• 2023-01-11Enforcement Action Data Entered