EPA v. ARKWOOD, INC.

Case summary

THE ARKWOOD, INC, SITE COMPRISES APPROX 20 ACRES ADJACENT TO THE MISSOURI-PACIFIC CRICKET RAILROAD. THE SITE, LOCATED SOUTH OF OMAHA IN BOONE CTY, ARK, OPERATED AS A COMMERCIAL WOOD PRESERVING FACILITY FROM THE EARLY 1960S UNTIL 1984. BOTH PENTACHLOROPHENOL AND CREOSOTE WERE USED AS WOOD PRE- SERVATIVES AND WERE DISPOSED OF AT THE SITE. * THE SITE WAS PROPOSED FOR ADDITION TO THE NAT'L PRIORITIES LIST IN SEPT 1985. A RESPONSIBLE PARTY, MASS MERCH, INC. IS PERFORMING UNDER AN AO ON CONSENT TO PREPARE AN RI/FS. REMEDIAL ACTIVITIES HAVE BEEN DELAYED BECAUSE THE SITE OWNER AND LEGAL AGENT, CC GRISHAM, HAS DENIED SITE ACCESS TO MMI MR. GRISHAM. ALSO, HE HAS UNDERTAKEN ACTIONS AT THE SITE WHICH ARE INCOMPATIBLE WITH THE RI/FS PROCESS. THE EPA HAS REASON TO BELIEVE THAT MR. ORMOND AND MR. GRISHAM MAY UNDER- TAKE FURTHER ON-SITE ACTIONS WHICH COULD IMPEDE THE PROGRESS OF THE RI/FS. OBJECTIVES OF LITIGATION: THE FIRST OBJECTIVE OF THIS ACTION IS TO OBTAIN AN ORDER DIR ECTED TO THE PROPERTY OWNER AND TO THE AGENT FOR THE PRO- PERTY OWNER TO ALLOW MMI ACCESS TO THE SITE FOR THE PURPOSE OF CONDUCTING THE RI/FS. THE AGENCY ALSO SEEKS AN INJUNC- TION PROHIBITING THE PROPERTY OWNER AND HIS AGENT FROM PER- FORMING ACTIONS, SUCH AS EARTH MOVING WORK, WHICH ARE INCOM- PATIBLE WITH THE ON-SITE RI/FS PROCESS OR POTENTIALLY INCOM- PATIBLE WITH THE REMEDY TO BE SELECTED BY EPA. * STATUTORY CLAIMS: STATUTORY AUTHORITY FOR ACCESS TO THE SITE IS FOUND IN SECT 104(E) OF CERCLA. THE AUTHORITY FOR INJUNCTIVE RELIEF TO PROHIBIT ON-SITE ACTIVITIES WHICH ARE INCOMPATIBLE WITH OR INTERFERE WITH THE RI/FS PROCESS IS FOUND IN SECT 106(A) AND 122(E)(6) OF CERCLA. ADDITIONAL AUTHORITY TO PROHIBIT INTER FERENCE WITH SAMPLING AND INSPECTION IS CONTAINED IN SECT 104(E) OF CERCLA. * SPECIAL URGENCY: THE PREPARATION OF THE RI/FS BY MMI, PURSUANT TO THE ADMINIS TRATIVE ORDER ON CONSENT, HAS BEEN BROUGHT TO A COMPLETE HALT BY THE REFUSAL OF THE PROPERTY OWNER TO ALLOW MMI TO ENTER THE SITE. ON AT LEAST TWO OCCASSIONS SINCE THE FALL OF 1986, ACTIONS HAVE BEEN TAKEN AT THE SITE WHICH ARE INCOM PATIBLE WITH THE RI/FS PROCESS. PREVIOUS ACTIONS TAKEN BY THE PROPERTY OWNER, WITHOUT PRIOR APPROVAL BY EPA, HAVE IN- CLUDED COVERING WASTE DISPOSAL AREAS WITH SOIL AND SEEDING AND FERTILIZING THE SITE. THESE ACTIONS INCREASED THE TOTAL VOLUME OF CONTAMINATED SOIL AND MAY IMPEDE SAMPLING ACTIVI- TIES. TO AVOID ADDITIONAL INTERFERENCE WITH THE RI/FS PRO- CESS, THIS MATTER REQUIRES IMMEDIATE ATTENTION AND EXPEDI- TIOUS ACTION. * RESOURCE COMMITMENT OF THE AGENCY: CURRENTLY, THERE IS ONE REGIONAL PROJECT MANAGER AND ONE EPA REGIONAL ATTY ASSIGNED TO THE CASE. ADDITIONALLY, A SIGNIFI CANT AMOUNT OF CLERICAL TIME HAS BEEN USED IN PREPARATION OF THIS REFERRAL. CONTRACTOR ASSISTANCE WILL NOT BE NECESSARY TO SUPPORT THIS ACTION. * STATUTES AND REGULATIONS: CERCLA 106(A), CERCLA 104(E), CERCLA 122(E)(6) * VIOLATION: THE ACTION IS BASED UPON THE REFUSAL OF THE OWNER OF A SUPER FUND SITE, THROUGH HIS AGENT, TO ALLOW SITE ACCESS TO MASS MERCHANDISERS, INC., A PRP CONDUCTING THE REMEDIAL INVESTI- GATION/FEASIBILITY STUDY UNDER A CO

Defendants (3)

• CC BUD GRISHAMNamed in complaint
• HALLIE C. ORMONDNamed in complaint
• MARY F. BURKENamed in complaint

Facilities (1)

• ARKWOOD INC

  S OF OMAHA IN BOONE CTY, BOONEVILLE, AR, 72927

  Registry ID: 110010773430

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1987-02-24Referred To Dept Of Justice
• 1987-04-28Complaint Filed With Court
• 1992-09-24Concluded