EPA v. TRI-STATE CHEMICAL SITE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE SITE CONSISTS OF A SINGLE STORY, APPROXIMATELY 80' BY 100' STEEL STRUCTURE LOCATED ON 1.7 ACRES OF LAND. THE REAL PROPERTY IS OWNED BY NORFOLK SOUTHERN RAILWAY COMPANY AND IS LEASED TO TRI-STATE CHEMICAL COMPANY. IN 1988, THE TRI-STATE CHEMICAL COMPANY MOVED TO THE SITE WITH AN INVENTORY OF APPROXIMATELY 700 DRUMS OF CONCRETE CURING COMPOUND. THE CURING COMPOUND CONTAINS A HYDROCARBON RESIN WITH A MINERAL SPIRITS CARRIER, A PIGMENT (TITANIUM DIOXIDE), SOY BEAN LECITHIN, ADDITIONAL MINERAL SPIRITS, AND WATER. THE METAL BUILDING AT THE SITE HAS BEEN USED TO STORE NUMEROUS 55-GALLON DRUMS AND SMALLER CONTAINERS SUCH AS BUCKETS, CANS, ETC. THERE ARE ALSO SEVERAL LARGE TANKS ON-SITE RANGING FROM APPROXIMATELY 1,000 TO 10,000 GALLONS IN SIZE. ON NOVEMBER 10, 2004, OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) OBSERVED THAT SEVERAL OF DRUMS LEAKING AND BULGING AND THAT A PAINT WASTE TYPE ODOR WAS NOTED INSIDE THE BUILDING. ON NOVEMBER 12, 2004, AN OEPA OSC VISITED THE SITE AND CONDUCTED AN EMERGENCY RESPONSE ASSESSMENT. ON DECEMBER 16, 2004, THE OEPA COLLECTED SAMPLES FROM 15 DRUMS AT THE SITE. EIGHT SAMPLES EXHIBITED FLASH POINTS BELOW THE REGULATORY LIMIT OF 1400F FOR HAZARDOUS WASTE. IN A LETTER DATED JANUARY 26, 2005, TO THE U.S. EPA, THE OEPA REQUESTED ASSISTANCE IN CONDUCTING A POTENTIAL TIME-CRITICAL REMOVAL ACTION AT THE SITE. THE OEPA NOTED THAT THERE WERE HUNDREDS OF DRUMS (NUMEROUS LEAKING) IN WHAT APPEARED TO BE AN ABANDONED BUILDING. THE U.S. EPA COMPLETED AN INVENTORY OF DRUMS, TOTES, TANKS, AND OTHER CONTAINERS LOCATED WITHIN THE BUILDING, AND SELECTED 7 DRUMS AND 1 SMALL STEEL CONTAINER FOR SAMPLING AND ANALYSIS. ALL 8 LIQUID SAMPLES SHOWED FLASH POINTS LESS THAN 1400F, WHICH IS THE TEMPERATURE AT WHICH A SAMPLE IS CONSIDERED A CHARACTERISTIC HAZARDOUS WASTE BY VIRTUE OF IGNITABILITY. A RESIDENTIAL PROPERTY AND A COMMERCIAL PROPERTY ARE LOCATED WITHIN APPROXIMATELY 75 METERS OF THE SITE. EXPOSURE PATHWAYS INCLUDE DIRECT CONTACT WITH DRUMS, INGESTION, AND INHALATION. BASED ON THE FINDINGS OF FACT SET FORTH ABOVE, IT IS HEREBY ORDERED AND AGREED THAT THE RESPONDENT SHALL COMPLY WITH ALL PROVISIONS OF THIS ORDER FOR THE PERFORMANCE OF REMOVAL ACTIONS AND THE REIMBURSEMENT OF CERTAIN RESPONSE COSTS INCURRED BY THE UNITED STATES AT OR IN CONNECTION WITH THE PROPERTY. THE RESPONDENT SHALL BE LIABLE TO U.S. EPA FOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER.

Defendants (1)

• NORFOLK SOUTHERN RAILWAY COMPANYNamed in complaintNamed in settlement

Facilities (1)

• TRI-STATE CHEMICAL COMPANY

  11932 US 62, WINCHESTER, OH, 45697

  Registry ID: 110020802764

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• TRI-STATE CHEMICAL SITE ADMIN ORDER ON CONSENT (CERCLA)entered 2005-04-26

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-04-26Final Order Issued
• 2005-07-14Enforcement Action Data Entered