EPA v. ARROWHEAD REFINING CO.

Case summary

NATURE OF THE CASE: THIS PROPOSED COST RECOVERY CASE CONCERNS THE ARROWHEAD RE FINING COMPANY SITE (SITE) LOCATED OUTSIDE OF THE CITY OF DU LUTH., MN. THE SITE WAS HOME TO THIS WASTE OIL RECYCLING COMPANY BETWEEN 1961 AND 1977. DURING THIS PERIOD, THE OPER ATOR DISPOSED OF THE RESIDUAL WASTE FROM ITS WASTE OIL RECYC LING PROCESS INTO A WASTEWATER POND AND SLUGDE LAGOON LOCA- TED ON THE SITE. THE OPERATION CEASE IN 1976, UNDER DIREC- TIONS FROM THE MN POLLUTION CONTROL AGENCY (MPCA). IN 1979, THE USEPA INSPECTED THE SITE AND OBSERVED THAT CONTAMINATED SURFACE WATER WAS FLOWING INTO NAVIGABLE WA- TERS. THIS OBSERVATION, PROMPTED REMEDIAL ACTION UNDER THE CWA. IN 1983, ARROWHEAD WAS PLACED ON THE NAT'L PRIORITIES LIST (NPL) 42 USC SECT 9605. THE EPA PERFORMED A REMEDIAL INVESTIGATION (RI) IN 1984, WHICH REVEALED THE PRESENCE OF HEAVILY CONTAMINATED SOIL/SEDIMENT, GROUNDWATER, AND SURFACE WATER. FOLLOWING THE CONCLUSION OF A FEASIBILITY STUDY (FS) EPA SIGNED A RECORD OF DECISION (ROD) IN SEPTEMBER 1986. STATE RESISTANCE TO THE CHOSEN REMEDY, STEMMING FROM THEIR CONCERNS AS TO THE THOROUGHNESS OF THE RI AND SOIL INCINERA- TION, PROMPTED THE EPA TO DO FURTHER INVESTIGATION AND EX- PLORE NEW SOURCE CONTROL ALTERNATIVES. CAUSE OF ACTION: EPA SEEKS THE RECOVERY OF APPROXIMATELY $1.9 MIL EXPENDED IN RESPONSE TO CONDITIONS AT THE SITE PURSUANT TO SECT 107 OF CERCLA, 42 USC SECT 9607. THE RECOMMENDED DEFENDANTS IN- CLUDE FIVE GENERATORS OF HAZARDOUS SUBSTANCES TO THE SITE. THE STATUTE OF LIMITATIONS FOR THE PRE-ROD COSTS COULD EX- PIRE AS EARLY AS SEPTEMBER 30, 1989. PROPOSED REMEDY: THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS EXPENDED BY THE EPA IN PREPARING TO REME- DIATE THE SITE. WE ALSO SEEK A DECLARATORY JUDGMENT ON ABI- LITY FOR ANY FUTURE COSTS INCURRED AT THE SITE. ISSUES OF NAT'L OR PRECEDENTIAL IMPORTANCE: NONE.

Defendants (9)

• ARMCO INC.Named in complaintNamed in settlement
• ARROWHEAD REFINING CO.Named in complaintNamed in settlement
• BAME, FRED HNamed in complaintNamed in settlement
• DULUTH MISSAKE & IRON RANGE RAILWAY CO.Named in complaintNamed in settlement
• EVELITH TACONIBE CO.Named in complaintNamed in settlement
• HEINO, WILLIAMNamed in complaintNamed in settlement
• HIBBING TACONIBE CO.Named in complaintNamed in settlement
• ORVAL KEMPNamed in complaintNamed in settlement
• USX CORP.Named in complaintNamed in settlement

Facilities (1)

• ARROWHEAD REFINERY CO.

  NW CORNER HWY 53 & UGSTAD ROAD, HERMANTOWN, MN, 55810

  Registry ID: 110009259113

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ARROWHEAD REFINING CO.entered 1995-05-24

  Primary law: CERCLA

Timeline (7 milestones)

• 1979-09-01Enforcement Action Data Entered
• 1989-06-30Referred To Dept Of Justice
• 1989-07-28Complaint Filed With Court
• 1995-05-24Final Order Lodged
• 1995-05-24Final Order Entered
• 1995-05-24Concluded
• 1997-07-31Enforcement Action Closed