EPA v. MISSISSIPPI PHOSPHATES CORP. SUPERFUND SITE, PASCAGOULA, JACKSON CTY, MS - SEVEN SEAS TERMINAL, LLC

Case summary

SEPTEMBER 26, 2023 - ADMINISTRATIVE SETTLEMENT AGREEMENT FOR REMOVAL ACTION BY BONA FIDE PROSPECTIVE PURCHASER According to the terms of a Stipulation and Settlement Agreement approved by the U.S. Bankruptcy Court for the Southern District of Mississippi on July 23, 2015, and the attendant Environmental Trust Agreement filed with the Court on August, 4, 2015, the Site is held by the MPC Environmental Trust, which is administered by Trustee, Roberto Puga of PathForward Consulting, Inc. In November of 2021, as part of its Remedial Investigation, EPA sampled surface and subsurface soils at the Property. The November 2021 sampling at the Property revealed the widespread presence of arsenic and cadmium, both of which are hazardous substances, at levels exceeding EPA Regional Screening Level Maximum Contaminant Levels for Industrial Soil with a Target Hazard Quotient of 0.1, in both surface and subsurface sampling, which could pose a human health risk to industrial workers, including construction workers. The November 2021 sampling at the Property also revealed two locations where radiation in the form of Ra226 was present in the soil at levels more than five times background. Long-standing industrial structures at the Property are deteriorating, risking new releases of any residual acids contained in corroding tanks and piping and releases of friable asbestos from insulating materials. The Property is adjacent to Bayou Casotte on the Gulf of Mexico, which is subject to frequent tropical storms and hurricanes that could cause surface contamination to migrate and could accelerate the deterioration of the existing industrial structures. Purchaser plans to acquire the Property. Purchaser represents, as of the Effective Date, that it is a BFPP as defined by Section 101(40) of CERCLA, 42 U.S.C. ? 9601(40), and has complied and agrees to comply with Sections 101(40) and 107(r) during its ownership of the Property, and therefore qualifies for the protection from liability under CERCLA set forth in Section 107(r)(1) of CERCLA, 42 U.S.C. ? 9607(r)(1), with respect to The Property. Purchaser?s planned uses of the Property include: (a) dry bulk terminaling and storage; and (b) a tank terminal operation. Redevelopment and re-use of the Property will benefit the surrounding community by creating jobs and increasing the tax base for Jackson County, Mississippi.

Defendants (2)

• SEVEN SEAS TERMINAL, LLCNamed in settlement
• MISSISSIPPI PHOSPHATES CORPNamed in settlement

Facilities (1)

• MISSISSIPPI PHOSPHATES CORP.

  601 INDUSTRIAL RD, PASCAGOULA, MS, 39581

  Registry ID: 110057849690

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• MISSISSIPPI PHOSPHATES CORP. SUPERFUND SITE, PASCAGOULA, JACKSON CTY, MS - SEVEN SEAS TERMINAL, LLCentered 2023-09-26

  Primary law: CERCLA

Timeline (2 milestones)

• 2023-09-26Final Order Issued
• 2023-09-29Enforcement Action Data Entered