EPA v. CMC HEARTLAND UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THIS ORDER PERTAINS TO RESIDENTIAL PROPERTIES CONTAMINATED WITH ARSENIC WHICH ARE LOCATED IN AND AROUND THE PHILLIPS NEIGHBORHOOD ON THE SOUTHEAST SIDE OF MINNEAPOLIS, HENNEPIN COUNTY, MINNESOTA AND WHICH ARE PART OF THE CMC HEARTLAND SITE. THIS ORDER REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL ACTIVITIES TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCE AT OR FROM THE SITE. THE RESPONDENTS SHALL PERFORM AT A MINIMUM, THE FOLLOWING RESPONSE ACTIVITIES: 1. DEVELOP AND IMPLEMENT A SITE HEALTH AND SAFETY PLAN, INCLUDING AN AIR MONITORING PLAN AND SITE EMERGENCY CONTINGENCY PLAN. 2. DEVELOP AND IMPLEMENT A WORK PLAN. 3. DEVELOP AND IMPLEMENT A SITE SECURITY PLAN. 4. OBTAIN ACCESS TO CONDUCT ALL NECESSARY SITE RESPONSE ACTIONS. 5. COLLECT AND ANALYZE ADDITIONAL SURFACE/SUBSURFACE SOIL SAMPLES FOR ASSESSMENT, DISPOSAL, AND CONFIRMATION PURPOSES. 6. CHARACTERIZE, REMOVE, AND PROPERLY DISPOSE OF ALL CONTAMINATED SOILS AT HOMES WITH IDENTIFIED ARSENIC CONTAMINATION AT OR ABOVE 100 PPM IN RESIDENTIAL YARDS AND ADJOINING AREAS. IF ARSENIC CONTAMINATION ABOVE 30 PPM EXTENDS DEEPER THAN ONE FOOT IN PLAY AREAS OR 18 INCHES IN GARDEN AREAS, SOIL COVER AND/OR THE PLACEMENT OF BARRIERS/MARKERS, AND ENVIRONMENTAL EASEMENTS/RESTRICTIVE COVENANTS, MAY BE USED AS AN ALTERNATIVE TO DEEPER EXCAVATION. THESE ACTIVITIES SHALL BEGIN NO LATER THAN OCTOBER 15, 2004. DISPOSAL SHALL BE IN ACCORDANCE WITH US EPA���S OFF-SITE RULE (40 CFR SECTION 300.440) 7. DEVELOP AND IMPLEMENT AN EXTENT OF CONTAMINATION AND POST EXCAVATION SAMPLING PLAN TO VERIFY CLEANUP STANDARDS HAVE BEEN ACHIEVED. 8. BACKFILL EXCAVATED AREAS WITH CLEAN MATERIAL AND TOPSOIL, RESTORING THE EXCAVATED AREAS TO THEIR PREEXISTING CONDITIONS TO THE EXTENT PRACTICABLE.

Defendants (2)

• CMC HEARTLAND PARTNERSNamed in complaintNamed in settlement
• US BORAX, INCNamed in complaintNamed in settlement

Facilities (1)

• CMC HEARTLAND

  28TH STREET & HIAWATHA AVE., MINNEAPOLIS, MN, 99999

  Registry ID: 110018919697

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CMC HEARTLAND UNILATERAL ADMIN ORDER (CERCLA)entered 2004-09-03

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-09-03Final Order Issued
• 2004-09-15Enforcement Action Data Entered