EPA v. ALLEN TRANSFORMER CO

Case summary

10/09/91: THIS INFORMATION IS FROM CASE #06-88-0120 - ALLEN TRANSFORMER, WHICH HAS NOW BEEN DELETED. THE ALLEN TRANSFORMER CO. FACILITY IS A 3.5 ACRE TRACT LOCATED AT 6107 S. ZERO ST., FT. SMITH, AR. THE ALLEN FACILITY IS BOUNDED BY INDUSTRIAL USE PROPERTY ON THE EAST AND WEST, THE MISSOURI PAACIFIC RAILROAD ON THE NORTH AND THE FT. SMITH MUNICIPAL AIRPORT ON THE SOUTH. ALONG THE WEST SIDE OF THE PROPERTY A MAN-MADE DITCH EXTENDS NORTHERLY TO SPIVEY CREEK. FROM THE ALLEN FACILITY, SPIVEY CREEK FLOWS APPROXIMATELY TWO MILES EAST TO MASSARD CREEK, WHICH FLOWS APPROXIMATELY FIVE MILES TO THE ARKANSAS RIVER. THE ALLEN FACILITY CONSISTS OF AN OFFICE AND REPAIR SHOP, AN INCINERATOR AND A WORK YARD. WHEN INSPECTED BY REPS. OF EPA ON 2/20/85, THE FACILITY WAS LITTERED WITH USED TRANSFORMERS AND TRANSFORMER PARTS, USED CAPACITORS AND CAPACITOR PARTS, AND OTHER USED ELECTRICAL EQUIPMENT. THERE WAS A WASTE PILE ON THE SITE WHICH, AMONG OTHER WASTE, CONTAINED INCINERATOR ASH. THERE WAS ALSO OBVIOUS EVIDENCE OF OIL SPILLS AND A STORAGE AREA WAS FLOODED WITH APPROXI- MATELY 200 GALLONS OF AN OIL AND WATER MIXTURE. SAMPLING AND ANALYSIS OF THE SITE CONFIRMED EARLIER EVIDENCE OF EXTENSIVE CONTAMINATION OF THE FACILITY WITH PCB'S. SAMPLING AND ANALYSIS ALSO CONFIRMED THAT PCB'S WERE MIGRATING OFF THE SITE ALONG THE DRAINAGE DITCH INTO SPIVEY CREEK. THE PRIMARY THREATS WHICH WERE PRESENTED BY THE SITE WERE THROUGH CONTACT WITH THE MATERIAL BY EMPLOYEES AT THE ALLEN FACILITY AND ENV DAMAGE CAUSED BY OFF-SITE MIGRATION OF PCB'S. PCB'S WERE DETECTED IN SEDIMENT AND WATER SAMPLES FROM SPIVEY CREEK AND TISSUE SAMPLES FROM FISH IN SPIVEY CREEK. PCB'S ARE FROM A GROUP OF CHEMICALS WHICH, BECAUSE OF THEIR CHEMICAL STABILITY, ARE PERSISTENT IN THE ENV. PCB'S HAVE BEEN SHOWN TO BIOACCUMULATE AND BIOMAGNIFY IN FATTY TISSUE OF HUMANS AND ANIMALS. PCB'S HAVE BEEN SHOWN TO BE CARCINOGENIC IN ANIMALS AND ARE POTENTIALLY CARCINOGENIC IN HUMANS. PCB'S HAVE BEEN SHOWN TO REDUCE FERTILITY IN MONKEYS. PCB'S ARE MODERATELY TOXIC VIA DERMAN AND ORAL ROUTES AND ARE STRONG IRRITANTS. PCB'S CAN CAUSE A SKIN DISEASE CALLED CHLORACNE AND MAY CAUSE LIVER DAMAGE. HUMANS EXPOSED TO PCB'S ALSO EXHIBIT HIGH INCIDENCES OF FATIGUE, HEADACHES, COUGH, AND DIGESTIVE DISORDERS. LEVELS OF PCB'S IN SAMPLES FOR THE ALLEN FACILITY WERE AS HIGH AS 13,410 PPM. AFTER REVIEW OF THE ANALYTICAL DATA, REPS OF THE CENTERS FOR DISEASE CONTROL DETERMINED THAT A POTENTIAL HEALTH THREAT EXISTED AT THE SITE. ON-SITE WORK BEGAN ON 3/13/86. APPROXIMATELY 2000 CUBIC YARDS OF OIL CONTAMINATED SOIL WAS REMOVED FROM THE SITE FOR DISPOSAL. CONTAMINATED WATER WAS TREATED AND DISCHARGED TO SPIVEY CREEK. DRUMMED PCB LIQUIDS AND DISCARDED CAPACITORS WERE DISPOSED OF THROUGH OFF-SITE INCINERATION. AFTER BACKFILLING OF EXCAVATED AREAS, ON-SITE ACTIVITIES WERE COMPLETED ON 6/23/86, WITH THE EXCEPTION OF CERTAIN DRUMMED WASTES, WHICH WERE PICKED UP FOR DISPOSAL ON 4/17/87. TOTAL COST FOR THE CLEANUP WAS $929,280.87. THIS INCLUDES ALL COSTS INCURRED UP TO THE DATE REQUESTS FOR PAYMENT WERE SENT TO THE DEFENDANTS. THE PROPOSED DEFENDANTS ARE THE SITE OWNER AND OPERATOR, WHO ALSO PROVIDED ALL TRANSPORTATION AND 28 GENERATORS WHO SENT TRANSFORMERS OR CAPACITORS TO THE SITE FOR REPAIR, RECONDITIONING OR DISPOSAL. APPROXIMATELY 90 PERSONS WERE ORIGINALLY SENT LETTERS PURSUANT TO THE CERCLA SECTION 104E, 42 USC 9604E, REQUESTING INFORMATION REGARDING ACTIVITIES RELATED TO THE ALLEN FACILITY. THESE PERSONS WERE IDENTIFIED FROM REVIEWS OF CUS

Defendants (1)

• ALLEN TRANSFORMER CONamed in complaintNamed in settlement

Facilities (1)

• ALLEN TRANSFORMER

  6107 ZERO ST, FORT SMITH, AR, 72903

  Registry ID: 110009330385

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ALLEN TRANSFORMER COentered 1990-12-10

  Primary law: CERCLA

  Federal penalty: $930,000

Timeline (8 milestones)

• 1988-06-30Referred To Dept Of Justice
• 1988-11-14Returned To Region
• 1990-12-10Final Order Lodged
• 1990-12-10Final Order Entered
• 1990-12-10Complaint Filed With Court
• 1990-12-10Concluded
• 1990-12-10Rereferred
• 1991-01-10Enforcement Action Closed