EPA v. BAYOU SORREL SITE AKA EPA, INC. SITE

Case summary

BAYOU SORREL IS A NPL SITE NEAR BAYOU SORREL, LA. THE ROD FOR THE SITE WAS SIGNED DURING THE 30-DAY WINDOW AND CALLS FOR A CAP AND SLURRY WALL REMEDIAL ACTION. A PARTIAL SETTLE MENT HAS BEEN REACHED WHEREBY THE BAYOU SORREL TASK FORCE WILL IMPLEMENT THE REMEDY. THE AGREEMENT IS APPROXIMATELY A 97% SETTLEMENT. A COST RECOVERY ACTION NEEDS TO BE INITIATED TO ENTER THE PARTIAL CONSENT DECREE AND TO RECOVER THE REMAINING 3% IN COSTS. * BACKGROUND: THIS LITIGATION REPORT REQUESTS THAT DOJ FILE A COST-RE- COVERY ACTION UNDER CERCLA AGAINST THE FORMER OPERATOR OF THE BAYOU SORREL SITE AND AGAINST CERTAIN GENERATORS. * THE BAYOU SORREL SITE IS A FORMER COMMERCIAL DISPOSAL FACI- LITY WHICH WAS OPERATED UNDER THE NAME ENVIRON. PURIFICATION ADVANCEMENT, INC. AKA EPA, INC. THE FACILITY WAS CLOSED BY THE LA DEPT OF HEALTH AND HUMAN RESOURCES IN 1979 AND 1980, AS A RESULT OF ENFORCEMENT ACTION TAKEN WHEN A TRUCK DRIVER WAS KILLED DUE TO AN ADVERSE REACTION WHICH OCCURRED WHILE UNLOADING A LOAD OF CHEMICAL WASTES. * THE BSTF APPROACHED EPA AND LA DURING THE FALL OF 1986 AND REPRESENTATIVES FROM LA, REG 6, EPA-HQ MET WITH THE BSTF AND REACHED AND AGREEMENT OF THE REMEDY AND A PARTIAL CON- SENT DECREE. * NO NOE KNOWS HOW MANY PRPS WILL BE SIGNING THE PARTIAL CON- SENT DECREE UNTIL ALL OF THE SIGNATURES ARE OBTAINED. THE OPERATOR IS THE ONLY PRP WHO HAS REFUSED TO PARTICIPATE AT THE PRESENT TIME ALTHOUGH IT IS ANTICIPATED THAT THERE WILL BE SOME NONSIGNING GENERATORS ANS OTHER NONSETTLERS. * THE BSTF WILL REIMBURSE THE FUND AND LA $800,000 IN PAST COSTS AND UP TO $1.885 MILLION IN FUTURE COSTS. A UNIQUE FEATURE OF THE PROPOSED SETTLEMENT AGREEMENT IS THAT BSTF HAS COMMITTED TO TAKE FURTHER ACTION AT THE SITE IF THE REMEDY FAILS TO FUNCTION AS DESIGNED. IN ADDITION BSTF WILL PROVIDE WHAT SUPPORT IT CAN TO AID TO THE US AND LA IN FUR- THER COST RECOVERY ACTIONS. * DATA SHEET - STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: CERCLA 106 AND 107 - NAME AND LOCATION OF DEFENDANTS: SEE REFERRAL FOR DETAILS AS THEY ARE TOO NUMEROUS TO LIST HERE. THE LITIGATION REPORT INCLUDES AN ACTION AGAINST THE FORMER OPERATOR. - BASIS FOR ACTION: BAYOU SORREL IS AN NPL SITE FOR WHICH THE ROD WAS SIGNED ON NOV 17, 1986. - RELIEF SOUGHT: RECOVERY OF COSTS. - SIGNIFICANT NAT'L OR PRECEDENTIAL LEGAL OR FACTUAL ISSUE: NONE.

Defendants (2)

• CIBA GEIGYNamed in complaintNamed in settlement
• ENVIRONMENT PURIFICATION ADVANCEMENTNamed in complaintNamed in settlement

Facilities (1)

• BAYOU SORREL SITE AKA EPA INC

  BAYOU SORREL, BATON ROUGE, LA, 70801

  Registry ID: 110010594400

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• BAYOU SORRELentered 1988-08-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-06-30Referred To Headquarters
• 1987-08-12Referred To Dept Of Justice
• 1988-03-17Complaint Filed With Court
• 1988-08-05Final Order Lodged
• 1988-08-05Final Order Entered
• 1988-08-05Concluded
• 1992-03-20Enforcement Action Closed