EPA v. INDUSTRIAL WASTE CONTROL, INC.

Case summary

THE IWC SITE IS ON THE NAT'L PRIORITIES LIST. A REMEDIAL INVESTIGATION, ENDANGERMENT ASSESSMENT, AND FEASIBILITY STUDY HAVE BEEN CONDUCTED BY THE EPA AND WERE COMPLETED IN JUNE 1986. THE SITE IS LOCATED IN SEBASTIAN COUNTY, ARK, AN AREA THAT HAS BEEN MINED FOR COAL BY SURFACE STRIP MINES AND UNDERGROUND TUNNELS. IT IS COMPRISED OF 8 ACRES AND HAS BEEN IN OPERATION FROM 1970 TO 1978. THE NORTHERN HALF OF THE SITE IS THE CLOSED AND COV'D INDUSTRIAL LANDFILL THAT IS SITUATED IN AN ABANDONED COAL STRIP MINE. ON THE SOUTHERN HALF ARE 4 PONDS USED FOR LIQUID WASTE DISPOSAL, BUT ARE NOW DRAINED & COV'D. DRUMMED WASTES ARE ALSO THOUGHT TO HAVE BEEN BURIED IN ONE OR MORE PITS WEST OF THE PONDS. CONTAMINATED SURFACE SOILS CURRENTLY PRESENT A THREAT TO HUMAN HEALTH. THE MOVEMENT OF THE CONTAMINATED ONSITE PERCHED GROUNDWATER INTO THE OFF-SITE ARTESIAN GROUNDWATER SYSYTEM IS VERY SLOW, BUT FUTURE COLLAPSE OF THE MINE WORKINGS & SUBSEQUENT SUBSIDENCE COULD INCREASE THE PRESENT THE PRESENT RATE OF SEEPAGE. AN ADDITIONAL CONCERN IS THE INABILITY TO PREDICT THE FUTURE RELEASE OF THE CONTENTS FROM THE BURIED WASTE DRUMS. OBJECTIVES: TO OBTAIN REIMBURSEMENT OF COSTS INCURRED BY THE US PURSUANT TO THE CERCLA, AT THE IWC SITE, AND TO OBTAIN COURT ORDER DIRECTING PRPS TO DESIGN & IMPLEMENT THE ACTION TO BE DESCRIBED IN THE ENFORCEMENT DECISION DOC. CLAIMS: REGION VI PROPOSES TO BRING AN ACTION FOR COST RECOVERY PURSUANT TO SECTION 107 OF CERCLA, & AN ACTION FOR INJUNCTIVE RELIEF PURSUANT TO SECTION 106 OF CERCLA & SECTION 7003 OF RCRA.

Defendants (12)

• PARKER SOLVENTS CO, INC.Named in complaint
• PLASTICS RESEARCH & DEVELOPMENT CORPNamed in complaint
• PROTO TOOL CONamed in complaint
• SANYO MANUFACTURING CORPNamed in complaint
• SOUTH WEST TIMES RECORDNamed in complaint
• SPALDING SPORTS WORLWIDENamed in complaint
• WARWICK ELECTRONICSNamed in complaint
• CHAMP HINTON PONTIACNamed in complaint
• CRAIN SOUTHWEST, INC.Named in complaint
• DE SOTO, INC.Named in complaint
• FORT SMITH BARREL & DRUMNamed in complaint
• GENERAL ELECTRIC CONamed in complaint

Facilities (1)

• INDUSTRIAL WASTE CONTROL

  BONANZA ROAD, FORT SMITH, AR, 72901

  Registry ID: 110009332016

Statutes cited

• RCRA 7003A — Res Conserv & Rec Act
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (4 milestones)

• 1986-09-30Referred To Headquarters
• 1986-11-05Referred To Dept Of Justice
• 1989-05-26Complaint Filed With Court
• 1989-07-21Concluded