EPA v. OLD AMERICAN ZINC PLANT UNILATERAL ADMIN ORDER (CERCLA)

Case summary

THIS ORDER DIRECTS XTRA INTERMODAL, INC. TO PERFORM THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) DESCRIBED IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S ( EPA'S ) JUNE 6 , 2005 ADMINISTRATIVE ORDER ON CONSENT ( AOC ) AND STATEMENT OF WORK ( SOW ) FOR THE OLD AMERICAN ZINC PLANT ( OAZ ) SUPERFUND SITE, EXCEPT FOR THE TECHNICAL ASSISTANCE PLANNING FUNCTIONS IN TASK 2 OF THE SOW. THE SITE IS LOCATED IN FAIRMONT CITY, ILLINOIS. THIS ORDER IS ISSUED TO RESPONDENT BY EPA UNDER THE AUTHORITY VESTED IN THE PRESIDENT OF THE UNITED STATES BY SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. � 9606(A). THIS AUTHORITY WAS DELEGATED TO THE ADMINISTRATOR OF EPA ON JANUARY 23, 1987, BY EXECUTIVE ORDER 12580 (52 FED. REG. 2926, JANUARY 29, 1987), AND WAS FURTHER DELEGATED TO EPA REGIONAL ADMINISTRATORS AS OF JANUARY 16, 2002, BY U.S. EPA DELEGATION NOS. 14-1 AND 14-2, AND TO THE DIRECTOR, SUPERFUND DIVISION, REGION 5, BY REGIONAL DELEGATION NOS. 14-14-1 AND 14-14-2. ON APRIL 23, 2002, EPA ISSUED A CERCLA SPECIAL NOTICE LETTER FOR PAST COSTS ASSOCIATED WITH THE SITE AND NEGOTIATION OF A CERCLA AOC FOR PERFORMANCE OF A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) AT THE SITE TO BLUE TEE CORP., THE FEDERAL GENERAL SERVICES ADMINISTRATION AND XTRA INTERMODAL, INC. (RESPONDENT). DURING THE COURSE OF SUBSEQUENT NEGOTIATIONS WITH THE THREE PARTIES, RESPONDENT REPEATEDLY REFUSED TO ENTER INTO A NEGOTIATED AOC FOR RI/FS. RESPONDENT INDICATED ITS POSITION THAT IT DID NOT HAVE PRIMARY RESPONSIBILITY FOR THE HAZARDOUS SUBSTANCES ACCUMULATED AT OR RELEASED FROM THE SITE OR IN THE ADJACENT COMMUNITY PROPERTIES.

Defendants (1)

• XTRA INTERMODAL, INC.Named in complaintNamed in settlement

Facilities (1)

• OLD AMERICAN ZINC PLANT

  JCT OF 45TH ST AND COOKSON ROAD, FAIRMONT CITY, IL, 62201

  Registry ID: 110071101377

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• OLD AMERICAN ZINC PLANT UNILATERAL ADMIN ORDER (CERCLA)entered 2005-06-06

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-06-06Final Order Issued
• 2005-07-14Enforcement Action Data Entered