EPA v. Hickman Creek Superfund Site, Tennessee Marque of Brands Americas, LLC and KCZM Holdings, LLC

Case summary

SEPTEMBER 25, 2023 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION On August 26, 2021, the RSE OSC made an initial site visit at the Marq facility. The RSE OSC, was accompanied by the EPA Environmental Response Team (ERT), and representatives from TDEC. On September 7, 2021, TDEC DSWM issued a notice of violation to the facility based on its August 23, 2021, inspection. The notice of violation alleged that the facility was in violation for the operation and/or maintenance of a solid waste disposal site without a permit. The Notice of Violation also required that the facility immediately cease the discharge of process wastewaters into floor drains. On September 8, 2021, TDEC DWR also issued a notice of violation to the facility based on the August 23, 2021 inspection. The notice of violation, among other items, required Marq to characterize its wastewater and determine the location of the facility's subsurface plumbing, and inform DWR. On September 22, 2021, the RSE OSC, START contractors and subcontractors met on- site at the Marq Labs facility to perform a geophysical survey of the Site and install passive soil gas samplers. On October 12, 2021, the geophysical survey was received by the RSE OSC. The survey identified several anomalies on the Marq property, but was inconclusive as to any potential source of a release. The geophysical report was shared with Marq and TDEC. On November 5, 2021, Marq provided EPA sampling and analytical results conducted by Marq Labs, pursuant to the TDEC DWR notice of violation. On November 18, 2021, the RSE OSC observed Marq's excavation activities conducted in response to the TDEC DWR notice of violation, and guided in part by EPA?s geophysical survey. The excavation uncovered a series of pipes including an 8-inch pipe clogged with solids exiting the facility towards a concrete junction box, which is connected by another 8-inch line to a drainage line that travels east towards Edgewood Street. A manhole containing standing liquid from roof drains was uncovered. Additional features excavated included metal and clay pipes from the facility leading in the direction of Edgewood Street. On November 23, 2021, EPA received analytical results from its sampling of the pipe solids material from the Marq Labs facility. The OSC and EPA contractors continued to operate the sump system. The OSC was working to develop a water treatment system to be installed at the intercept sump for long term operation. As of November 29, 2021, 370,000 gallons of impacted water pumped from the sump into the frac tanks had been sent for disposal. On November 18, 2022, EPA sampled both the seep and the sump. The sump showed low or no detections of SVOCs, VOCs, and metals were several orders of magnitude below concentrations measured in August. The chemical oxygen demand (COD) was near the background value measured in Hickman Creek and close to the water treatment goal. Based on these results, the OSC determined, in consultation with TDEC, that the water treatment system was no longer necessary. Water samples were also collected by Marq from the seep on the same day and similar results were reported. On December 1, 2021, the RSE OSC consulted with Region 4's Scientific Support Section (SSS), regarding the Site. SSS personnel stated that the mercury and lead levels present in the solids material contained in the 8 pipe at the Marq facility could present a potential threat to public health and the environment and requires additional removal actions.

Defendants (3)

• KCZM Holdings, LLCNamed in settlement
• Tennessee Marque of Brands Americas, LLCNamed in settlement
• Hickman CreekNamed in settlement

Facilities (1)

• HICKMAN CREEK FISH KILL

  291 EDGEWOOD AVENUE, ALEXANDRIA, TN, 37012

  Registry ID: 110071101586

Statutes cited

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

Enforcement conclusions (1)

• Hickman Creek Superfund Site, Tennessee Marque of Brands Americas, LLC and KCZM Holdings, LLCentered 2023-09-25

  Primary law: CERCLA

Timeline (2 milestones)

• 2023-09-25Final Order Issued
• 2023-10-05Enforcement Action Data Entered