EPA v. BURLINGTON NORTHERN RAILROAD TIE TREATMENT FACILITY

Case summary

THE FACILITY IS A WOOD PRESERVING OPERATION WHICH BN BEGAN OPERATION IN 1907, AND IT LIES WITHIN THE MUNICIPAL BOUNDARIES OF BAXTER AND BRAINERD, MINNESOTA. THE AREA IS RURAL AND IS LOCATED ABOUT 800-1000 FEET FROM HIGHWAY 371 AND 3000 FEET FROM THE MISSISSIPPI RIVER. RESIDENTIAL AREAS ARE LOCATED TO WITHIN ABOUT 1,000 FEET OF THE NORTHEAST AND SOUTHEAST OF THE SITE. PRIMARY CONTAMINANTS OF CONCERN INCLUDE: POLYNUCLEAR AROMATIC HYDROCARBONS (PAH), PHENOLS, AND HETEROCYCLES. THE COMPANY USED CREOSOTE TO TREAT THE TIES, AND IN THE 1950S ADDED NUMBER 5 FUEL OIL TO THE TREATMENT MIXTURE ON A 1:1 RATIO; LATER THE MIXTURE WAS CHANGED TO CREOSOTE AND COAL TAR WHICH IS CURRENTLY USED ON A 70:30 MIXTURE. THE TREATMENT PROCESS USED AN UNLINED SURFACE IMPOUNDMENT FOR THE DISPOSAL OF WASTEWATER FROM THE PROCESS. THE FIRST IMPOUNDMENT WAS ABOUT 60,000 SQUARE FEET IN AREA, BUT IT EVENTUALLY FILLED WITH SLUDGE AND WAS BURIED IN THE 1930S. A SECOND IMPOUNDMENT WAS USED UNTIL 1982 WHEN A WASTEWATER TREATMENT PLANT WAS BUILT. GROUNDWATERS AND SOILS AT THE SITE HAVE BEEN CONTAMINATED BY THIS PROCESS. A PLUME ABOUT 1000 FEET LONG AND ABOUT THE WIDTH OF THE EXISTING LAGOON WAS DETECTED DURING RI WORK. TWO POTABLE WELLS (HAROLD'S CLUB AND A REDI MIX PLANT) ARE POTENTIALLY DOWNGRADIENT OF THE PLUME AND LIE BETWEEN THE PLUME AND THE RIVER. A CONSENT ORDER WAS ENTERED BETWEEN BN, EPA AND THE MPCA ON APRIL 4, 1985. THE ORDER PROVIDES FOR THE COMPLETION OF RI/FS WORK, IMPLEMENTATION OF A SELECTED REMEDY AND PAYMENT OF EPA AND MINNESOTA RESPONSE COSTS. BN HAS SINCE DONE WORK TO IMPLEMENT AN EDD (FOR GROUNDWATER) SIGNED IN APRIL 1985 AND A SUBSEQUENT EDD (FOCUS WAS SOILS/SLUDGES) SIGNED JUNE 4, 1986. THE FINAL REMEDY CALLS FOR CLOSURE OF THE PONDS AND DISPOSAL OF SLUDGES AND VISIBLY CONTAMINATED SOILS, COLLECTION OF STORMWATER AND LEACHATE, INSTALLATION OF AN IRRIGATION SYSTEM, AND LAND TREATMENT OF THE CREOSOTE WASTE THROUGH USE OF MICROORGANISMS.

Facilities (1)

• BURLINGTON NORTHERN RAILROAD COMPANY

  WEST CITY LIMITS, BRAINERD, MN, 56401

  Registry ID: 110009292871

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1985-04-04Complaint Filed/Proposed Order
• 1985-04-04Final Order Issued
• 1993-07-11Enforcement Action Data Entered