EPA v. CITY BUMPER SITE

Case summary

THE DIRECTOR OF THE WASTE MANAGEMENT DIVISION, U.S. EPA REGION 5, EXECUTED A REMOVAL ADMINISTRATIVE ORDER BY CONSENT ( AOC ) PURSUANT TO WHICH THE LIQUID CARBONIC CORPORATION, A POTENTIALLY RESPONSIBLE PARTLY, AGREED TO UNDERTAKE THE FOLLOWING REMOVAL ACTIVITIES AT THE CITY BUMPER SITE ( THE SITE ) LOCATED IN CINCINNATI, OHIO: (1) DEVELOP AND IMPLEMENT A SITE SECURITY,, SAFETY AND HEALTH PLAN; (2) DEVELOP AND SAMPLING AND ANALYSIS PROGRAM TO CHARACTERIZE THE NATURE AND EXTENT OF SOIL AND GROUNDWATER CONTAMINATION AT THE SITE; (3) REMEDIATE CONTAMINATED SOIL AND GROUNDWATER TO ATTAIN APPLICABLE OR RELEVANT AND APPORPRIATE REQUIREMENTS; AND (4) PAY U.S. EPA'S OVERSIGHT COSTS. THE SITE IS SITUATED IN A LIGHT INDUSTRIAL AND URBAN RESIDENTIAL AREA. RESIDENTIAL HOMES BORDER THE SITE TO THE WEST, AND AN ELEMENTARY SCHOOL IS LOCATED APPROXIMATELY 500 FEET TO THE NORTHWEST. THE OHIO RIVER IS LOCATED 1/8 MILE SOUTH OF THE SITE AND IS THE PRIMARY DRINKING WATER SOURCE FOR THE CITY OF CINCINNATI AND SURROUNDING METROPOLITAN AREA. UNTIL 1967, CARBON DIOXIDE MANUFACTURING OPERATIONS WERE CONDUCTED AT THE SITE BY PREDECESSORS OF THE LIQUID CARBONIC CORPORATION. PRIOR AND UP TO THIS TIME, 4 UNDERGROUND STORAGE STORAGE TANKS WERE UTILIZED AT THE SITE ALLEGEDLY TO STORE FUEL OIL AND WAS INCORPORATION AND TOOK OWNERSHIP OF THE SITE; AND, IN FEBRUARY, 1969, IT SOLD THE SITE. SUBSEQUENTLY, ELETROPLATING OPERATIONS WERE CONDUCTED AT THE SITE OF CITY BUMPER, INC. AND/OR CITY BUMPER EXCHANGE, INC. UNTIL APPROXIMATELY 1991, AFTER WHICH TIME OPERATIONS AT THE SITE CEASED. ON SEPTEMBER 28, 1992, U.S. EPA ISSUED AN ACTION MEMORANDUM WHICH DOCUMENTED, INTER ALIA, THE FOLLOWING: (1) THE PRESENCE OF 76 OPEN AND DETERIORATING DRUMS CONTIANING ELECTROPLATING WASTES; (2) THE PRESENCE OF 35 OPEN, DETERIORATING, OVERFLOWING, AND/OR LEAKING VATS CONTAINING ELECTROPLATING WASTES; (3) TCLP ANALYSES OF LIQUID AND SOLID SAMPLES COLLECTED FROM VATS, DRUMS, AND SURFACES REVEALING HIGH LEVELS OF HAZARDOUS SUBSTANCES, INCLUDING CYANIDE AT A LEVELOF 100,000 PPM, CADMIUM AT A LEVEL OF 2.8 PPM. AND LEAD AT A LEVEL OF 7.4 PPM; AND, (4) THE DETERMINATION THAT CODITIONS AT THE SITE PRESENTED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT BASED UPON FACTORS SET FORTH IN THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN ( NCP ), 40 C.F.R. SECTION 300.415 (B)(2). ON OCTOBER 17, 1992. ON-SITE REMOVAL ACTIVITIES WERE INITIATED. BY MARCH 1, 1993, ALL CONTAINERS AND VATS AND ASSOCIATED CONTENTS AS WELL AS THE 4 UNDERGROUND STORAGE TANKS AND ASSOCIATED CONTENTS (WHICH ANALYTICAL RESULTS REVEALED CONTAINED ORGANIC SLUDGES, POLYNUCLEAR AROMATIC HYDROCARBONS, AND HEAVY METALS) WERE REMOVED, PROPERLY TREATED AND/OR DISPOSED OF. SOIL AND GROUNDWATER CONTAMINATION REMAINS PRESENT AT THE SITE. PURSUANT TO THE TERMS OF THE AOC, THE LIQUID CARBONIC CORPORATION WILL, INTER ALIA, DEVELOP AND IMPLEMENT A SITE SECURITY, SAFETY AND HEALTH PLAN; CONDUCT A SAMPLING AND ANALYSIS PROGRAM TO CHARACTERIZE THE NATURE AND EXTENT OF THE SOIL AND GROUNDWATER CONTAMINATION PRESENT AT THE SITE; REMEDIATE CONTAMINATED SOIL AND GROUNDWATER; PAY U.S. EPA'S OVERSIGHT COSTS; AND WAIVE ALL CLAIMS AGAINST THE UNITED STATES AND THE HAZARDOUS SUBSTANCE SUPERFUND. (LIQUID CARBONIC CORPORATION ESTIMATES THAT THE COST ASSOCIATED WITH ITS OBLIGATIONS UNDER THE AOC MIGHT MEET OR EXCEED $2,000, 000.) IN RETURN, U.S. EPA'S COVENANTS NOT TO SUE THE LIQUID CARBONIC CORPORATION ONLY FOR WORK SATISFACTORILY COMPLETED UNDER THE AOC.

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (3 milestones)

• 1993-06-14Final Order Issued
• 1993-07-29Enforcement Action Data Entered
• 1994-09-30Enforcement Action Closed