EPA v. AMERICAN LEAD CORPORATION ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE AMERICAN LEAD FACILITY CONTAINS 7.5 ACRES. BETWEEN 1946 AND 1965, THE FACILITY WAS OWNED AND OPERATED BY AMERICAN LEAD AND WAS A SECONDARY LEAD SMELTING OPERATION. DURING ITS OPERATION, LEAD SLAG WAS DISPOSED OF ON THE FACILITY. IN 1965, NATIONAL LEAD BECAME THE OWNER AND OPERATED A LEAD RECLAMATION FACILITY AT THE SITE. A FIRE DAMAGED THE SMELTER BUILDING IN APPROXIMATELY 1966 AND NATIONAL LEAD REMOVED THE BUILDING IN 1971. A MORTGAGE COMPANY ACQUIRED TITLE TO THE PROPERTY IN 1979. CURRENTLY THE SITE IS OCCUPIED BY IRVING MATERIALS, INC. AND ADJUSTABLE FORM, INC. THE FACILITY IS USED PRIMARILY FOR THE STORAGE OF CONCRETE PRODUCTS. IN 1986, U.S. EPA CONDUCED AN INSPECTION OF THE FACILITY. SAMPLES COLLECTED DURING THE INSPECTION INDICATED THE PRESENCE OF LEAD IN ONSITE SOILS AT LEVELS AS HIGH AS 3,247 PPM. ADDITIONAL ON-SITE SAMPLES WERE COLLECTED BY IDEM IN 1995. THESE SAMPLES INDICATED ELEVATED LEVELS OF LEAD IN THE WESTERN AND NORTHEASTERN PORTION OF THE AMERICAN LEAD FACILITY WITH A RANGE OF 140 PPM TO 100,000 PPM. IN THE SUMMER OF 1995, THE MARION COUNTY HEALTH DEPARTMENT COLLECTED SOIL SAMPLES ALONG THE PERIMETER OF THE AMERICAN LEAD FACILITY AND IN THE RESIDENTIAL AREAS WITH � MILE OF THE AMERICAN LEAD FACILITY. THE AVERAGE LED CONCENTRATION OF SAMPLES COLLECTED ALONG THE PERIMETER WAS APPROXIMATELY 9,000 PPM. THE AVERAGE LEAD CONCENTRATION OF THE REMAINING SAMPLES WERE APPROXIMATELY 600 PPM. SAMPLES COLLECTED BY IDEM IN OCTOBER 1995 INDICATED ELEVATED LEAD CONCENTRATIONS IMMEDIATELY SOUTH OF THE AMERICAN LEAD FACILITY AVERAGING APPROXIMATELY 600 PPM. DURING THIS INVESTIGATION, THE RESPONDENT FOUND OFF-SITE SURFACE LEVELS OF LEAD AS HIGH AS 3,620 PPM. IN MARCH 2003, IDEM REFERRED THE MATTER TO EPA FOR CONSIDERATION OF A TIME CRITICAL REMOVAL. EPA REVIEWED EXISTING SITE SAMPLING RESULTS GATHERED BY IDEM, THE MARION COUNTY HEALTH DEPARTMENT AND THE RESPONDENT AND BASED ON ITS REVIEW OF THE EXISTING DATA, EPA DETERMINED THAT THE LEVELS OF LEAD IN THE RESIDENTIAL PROPERTIES AROUND THE FACILITY MAY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HUMAN HEALTH AND THE ENVIRONMENT AND WARRANTED A TIME CRITICAL REMOVAL. BASED ON THE FINDINGS OF FACT SET FORTH ABOVE, U.S. EPA HEREBY ORDERS THAT RESPONDENT TO PERFORM REMOVAL ACTIONS AND TO PAY THE EPA ALL RESPONSE COSTS. RESPONDENT SHALL BE LIABLE TO THE EPA FOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER.

Defendants (1)

• NL INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• AMERICAN LEAD CORPORATION

  1600 E 21ST ST, INDIANAPOLIS, IN, 46218

  Registry ID: 110009284657

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• AMERICAN LEAD CORPORATION ADMIN ORDER ON CONSENT (CERCLA)entered 2005-01-31

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-01-31Final Order Issued
• 2005-02-15Enforcement Action Data Entered