EPA v. GURLEY PIT SITE

Case summary

GURLEY PIT SITE IS ON THE NAT'L PRIORITIES LIST. A REM EDIAL INVESTIGATION, FEASIBILITY STUDY AND ENDANGERMENT ASSESSMENT HAVE BEEN CONDUCTED BY EPA AND WERE COMPLETED IN APRIL 1986. THE SITE IS LOCATED NORTH OF EDMONDSON, AR. THE 3.25 ACRE SITE CONSISTS OF A PIT CREATED WHEN A CONSTRUCTION CO LEASED BY RECLAIMED OIL REFINING CO IN 1970 TO USE AS A DIS- POSAL SITE FOR OIL REFINING WASTES. THE PIT WAS DIVIDED BY LEEVES INTO 3 CELLS AND WAS USED FOR DISPOSAL FROM 1970 TO THE END OF 1975. PRESENTLY, THE SITE CONSISTS OF AN OPEN PIT CONTAINING SLUDGE AND WATER CONTAMINATED WITH PCBS, HEAVY METALS AND VARIOUS HYDROCARBONS. THERE IS A HISTORY OF RELEASES FROM THE SITE INTO SURROUNDING FIELDS AND SURFACE STREAMS. OBJECTIVES: TO OBTAIN PAYMENT OF COSTS INCURRED BY US PURSUANT TO CRCLA AT THE GURLEY PIT SITE, AND TO OBTAIN COURT ORDER DIRECTING RESPONSIBLE PARTIES TO DESIGN AND IM- PLEMENT REMEDIAL ACTION DESCRIBED IN THE ENFORCEMENT DECIS- ION DOCUMENT. TWO PART REMEDY: (1) TREATMENT AND DISCHARGE OF CONTAMINATED PIT WATER, AND (2) STABILIZATION OF WASTE SLUDGES AND SEDIMENTS FOLLOWED BY DISPOSAL OF THESE STABILIZED WASTES AND CONTAMINATED SOILS IN AN ON SITE LANDFILL. AUTHORITY FOR THE ACTION RESTS IN SECTIONS 106 & 107 OF CRCLA AND IN SECTION 7003 OF RCRA. FUTURE COSTS WILL INCLUDE THOSE INCURRED DURING INVESTIGATION AND REMEDIATION OF POSSIBLE GROUNDWATER PROBLEMS AT THE SITE. THE COSTS WILL BE RECOVERED UNDER THE PROVISIONS OF CERCLA SECTION 107 WILL AMOUNT TO LESS THAN ONE MILLION DOLLARS. THE COST PROJECTED FOR IMPLEMENTATION OF THE REMEDY WILL EXCEED FIVE MILLION DOLLARS. DEFENDANTS: GURLEY REFINING CO. INC (GURLEY REFINING) OF W MEMPHIS, ARK WHICH GENERATED WASTES WHICH IT DISPOSED OF AT THE FACILITY; GURLEY REFINING CO (PARTNERSHIP) OF W MEMPHIS, ARK OPERATED THE FACILITY AT THE TIME OF DISPOSAL; WILLIAM MARTIN GURLEY IS A PARTNER AND STOCKHOLDER, THERE- FORE, IS AN OPERATOR OF THE FACILITY; LARRY GURLEY IS ALSO A PARTNER; BETTY GURLEY IS A PROPOSED DEFENDANT FOR THE SAME REASONS AS WILLIAM AND LARRY GURLEY; MR. CALDWELL IS THE FACILITY OWNER. REGION VI HAS REQUESTED CONTRACTOR SUPPORT TO REVIEW AND CONFIRM THE FINANCIAL AND MANAGERIAL TIES BETWEEN THE FIRST AND FIVE PARTIES. CLAIMS: REGION VI PROPOSES TO BRING AN ACTION FOR COST RECOVERY PURSUANT TO SECTION 107 OF CRCLA, AND AN ACTION FOR INJUNCTIVE RELIEF PURSUANT TO SECTION 106 OF CRCLA AND SECTION 7003 OF RCRA. GURLEY REFINING HAS ALREADY LIQUIDATED MANY OF ITS ASSETS. THIS MATTER REQUIRES IMMEDIATE ATTENTION. SOURCE COMMIMENT: THERE IS ONE EPA REGIONAL ATTORNEY AND ONE REGIONAL PROJECT MANAGER ASSIGNED TO THE CASE. THE AGENCY HAS CASE SUPPORT ENGAGED THROUGH THE REM IV CONTRACT AT EPA HDQTRS WITH CH2M HILL, BUT THE REGION HAS NO CURRENT LITIGATION THROUGH EPA HDQTRS. A REQUEST HAS BEEN MADE UNDER THE TES III CONTRACT FOR $10,000 FOR CON- TRACTOR ASSISTANCE TO EVALUATE FINANCIAL MATTERS. HQ CASE STATUS, 2-27-87; THIS CASE WAS REFERRED TO DOJ ON 11-17-86 FOR FILING OF A CERCLA 107 COST RECOVERY ACTION ONLY. DOJ HAS INDICATED THAT IT WILL NOT FILE THE CASE UNTIL THE REGION HAS DEMONSTRATED THAT THE PROPOSED DEFENDANTS ARE FINANCIALLY REIABLE. THE REGION WILL APPARENTLY BE SENDING A PRIVATE INVESTING ATAR TO ARKANSAS TO DIG UP INFORMATION ON THE DEFENDANTS LAND HOLDINGS AND OTHER ASSETS.

Defendants (52)

• AIRCRAFT SERVICE INTERNATIONAL, INC.Named in complaint
• AMR COMBS/MEMPHIS AERONamed in complaint
• ARMOUR & COMPANY/ARMOUR PACKING COMPANYNamed in complaint
• BELL SOUTH/SOUTH CENTRAL BELLNamed in complaint
• BETTY GURLEYNamed in complaintNamed in settlement
• BURLINGTON NORTHERN RR/FRISCO RRNamed in complaint
• CARRIER EXCAVATION & FOUNDATION/CARRIERNamed in complaint
• CHEVRON CORPORATION/GULF OILNamed in complaint
• CHUCK HUTTON CHEV./CHUCK HUTTON DODGENamed in complaint
• COCA-COLA ENTERPRISES, INC./BOTTLING CO.Named in complaint
• E.I. DUPONT DE NEMOURSNamed in complaint
• EXXON CORP./ESSO/ESSO CAR CAR CENTERNamed in complaint
• GREYHOUNDNamed in complaint
• GURLEY REFINING CO (PARTNERSHIP)Named in complaintNamed in settlement
• GURLEY REFINING CO INC (GURLEY REFINERY)Named in complaintNamed in settlement
• HAYGOOD/HAYGOOD GROUP, INC.Named in complaint
• HERTZ CORPORATIONNamed in complaint
• HOEHN MOTORS, INC./HOEHN CHEVROLETNamed in complaint
• KELLOGG COMPANYNamed in complaint
• KRAFT FOODS, INC./HUMKONamed in complaint
• KROGERNamed in complaint
• LARRY GURLEYNamed in complaintNamed in settlement
• MEMPHIS AREA TRANSIT AUTHORITYNamed in complaint
• MEMPHIS LIGHT, GAS & WATER DIVISIONNamed in complaint
• MEMPHIS STATE UNIV./UNIV. OF MEMPHISNamed in complaint
• …and 27 more

Facilities (1)

• GURLEY REFINING COMPANY

  1000 SOUTH 8TH ST, WEST MEMPHIS, AR, 72301

  Registry ID: 110001712344

Statutes cited

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

Enforcement conclusions (1)

• GURLEY PIT SITEentered 1991-09-25

  Primary law: CERCLA

  Federal penalty: $90,000

Timeline (7 milestones)

• 1986-04-14Enforcement Action Data Entered
• 1986-09-30Referred To Headquarters
• 1986-11-17Referred To Dept Of Justice
• 1987-11-18Complaint Filed With Court
• 1991-09-25Final Order Lodged
• 1991-09-25Final Order Entered
• 1991-09-25Concluded