EPA v. ALCOA/TECHNICAL SERVICES

Case summary

NATURE OF THE CASE: THE ALUMINUM CO OF AMERICA(ALCOA) IS AN INTEGRATED ALUMINUM PRODUCTION OPERATION. IN THE SUMMER OF 1980, ALCOA SOLD IN EXCESS OF ONE MILLION GALLONS OF OIL TO A RECYCLER, TECHNICAL SERVICES CO, INC OF ATKINSON, IL. ALCOA ASSURED TECHNICAL SERVICES THAT THE OIL CONTAINED LESS THAN 50 PPM OF PCBS. TESTS DONE ON THE OIL, HOWEVER, SHOW THE OIL TO CONTAIN BETWEEN 50 & 500 PPM OF PCBS. THE OIL IS CURRENTLY BEING STORED IN AN UNLINED LAGOON AT THE TECHNICAL SERVICES FACILITY. A MOTION FOR A PRELIM INJUN- CTION, IS BEING BROUGHT AGAINST ALCOA FOR VIOL'S OF SEC 6(E)(2) & 15(1) OF THE TOXIC SUBSTANCES CONTROL ACT(TSCA) , 15 USC SEC 2605(E)(2) & 2614(1), & THE REGULATIONS THAT DETAIL THE STATUTORY REQUIREMENTS, 40 CFR PART 761. THERE IS CURRENTLY AN IL STATE COURT ACTION CONCERNING THIS ISSUE, BUT THE VERY GENERAL LANGUAGE OF THE STATE STATUTE RAISES CONSIDERABLE UNCERTAINTY AS TO HOW THE STATE COURT JUDGE MIGHT RULE ON THE AMOUNT OF CLEAN-UP REQUESTED. CAUSE OF ACTION: THIS IS A CIVIL ACTION AGAINST ALCOA FOR VIOL'S OF SEC 6(E)(2) & 15(1) OF TSCA. THIS ACTION IS BASED UPON THE TRANSPORT OF OIL CONTAINING OVER 50 PPM OF PCBS FROM ALCOA FACLITIES IN BETTENDORF, DAVENPORT & RIVERDALE, IA TO A RECYCLER, TECHNICAL SERVICES CO, INC, OF ATKINSON, IL. THE SUIT SEEKS MANDATORY INJUNCTIVE RELIEF BASED UPON ALCOA'S DISTRIBUTION IN COMMERCE OF PCBS IN OTHER THAN A TOTALLY ENCLOSED MANNER. PROPOSED REMEDY: THE REGN PROPOSED A MOTION FOR A MANDATORY INJUNC- TION THAT WOULD REQUIRE ALCOA TO LOCATE & REMOVE ALL THE PCBS IT UNLAWFULLY DISTRIBUTED TO TECHNICAL SERVICES & DISPOSE OF IT IN A FEDERALLY APPROVED MANNER. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: IF SUCCESSFUL, THIS CASE CAN CONFIRM THAT THE LAN- GUAGE OF TSCA GRANTS THE US EPA A SUBSTANTIVE RIGHT TO REQUIRE THE REMOVAL & PROPER DISPOSAL OF PCBS THAT HAVE BEEN UNLAWFULLY DEPOSITED AT A SITE THAT HAS NOT BEEN FED APPROVED FOR PCB DISPOSAL. IT WILL EFFECTIVELY ESTABLISH A PROCEDURE UNDER WHICH THE US EPA CAN FORCE A FULL CLEAN UP OF SITES TO WHICH PCBS HAVE BEEN SENT IN CLEAR VIOL OF TSCA.

Defendants (2)

• TECHNICAL SERVICE INC.Named in complaintNamed in settlement
• ALUMINUM CO. OF AMERICANamed in complaintNamed in settlement

Facilities (2)

• TECHNICAL SERVICES COMPANY

  RURAL ROUTE 1, ATKINSON, IL, 61235

  Registry ID: 110007057282

• TECHNICAL SERVICES COMPANY

  RURAL ROUTE 1, ATKINSON, IL, 61235

  Registry ID: 110007057282

Statutes cited

• TSCA 6 — Regulation of Hazardous Chemical Substances and Mixtures (includes Asbestos and PCBs)

Enforcement conclusions (1)

• ALCOA/TECHNICAL SERVICESentered 1983-08-02

  Primary law: TSCA

Timeline (8 milestones)

• 1982-06-01Referred To Headquarters
• 1982-09-03Referred To Dept Of Justice
• 1983-02-07Referred TO U.S. Attorney
• 1983-06-01Complaint Filed With Court
• 1983-08-02Concluded
• 1983-08-02Final Order Entered
• 1983-08-02Final Order Lodged
• 1985-01-01Enforcement Action Closed