EPA v. BAILEY WASTE DISPOSAL - NPL SITE

Case summary

CASE SUMMARY: * THE BAILEY WASTE DISPOSAL SITE IS A CLOSED INDUSTRIAL WASTE FACILITY AND IS PART OF SALTWATER MARSHLANDS NEAR THE CONFLUENCE OF THE NECHES RIVER AND SABINE LAKE. THE SITE LIES WITHIN A 100-YEAR FLOOD PLAIN. THE BAILEY WASTE DISPOSAL SITE ENCOMPASSES APPROX 280 ACRES LOCATED 3 MILES SOUTHWEST OF BRIDGE CITY IN ORANGE COUNTY, TEXAS. THE SITE IS WEST OF TEXAS HIGHWAY 87 AND IS ONLY ACCESSIBLE VIA A SHORT BRIDGE SPANNING A DRAINAGE CHANNEL, ADJACENT AND PARALLEL TO THE HIGHWAY. THE SITE ITSELF IS UNDEVELOPED EXCEPT FOR THE PRESENCE OF A DILAPIDATED SHACK. IT IS BOUNDED BY UNDEVELOPED LANDS AND AGRICULTURAL TRACTS AND IS APPROX 2 MILES FROM THE NEAREST RESIDENTIAL AREA. THE NEAREST DEVELOPED PROPERTY IS ACROSS THE NECHES RIVER AND IS INDUSTRIAL IN NATURE. THE SITE ENCOMPASSES TWO PONDS REFERRED TO AS POND A AND POND B AND THEIR PERIMETER LEVEES. * THE SITE WAS CONSTRUCTED BY MR. JOE BAILEY IN THE 1950'S AS A FISHING CAMP. A HURRICANE DESTROYED THE CAMP IN THE 1960'S BY INUNDATING THE FRESHWATER PONDS WITH SALINE WATER. THE SITE ALSO OPERATED AS A DISPOSAL FACILITY FOR INDUSTRIAL MUNICIPAL AND OTHER WASTES DURING THIS PERIOD. THE SITE WAS CLOSED IN 1971. * THE RI IDENTIFIED FOUR MAJOR WASTE AREAS; THE WASTE CHANNEL, AREA EAST OF POND A, DRUM DISPOSAL AREA AND THE WASTE PITS. THE WASTE AREAS CONTAIN A VARIETY OF VOLATILE AND SEMI- VOLATILE ORGANICS AND METALS. THE MOST COMMONLY OCCURRING CONSTITUENTS ARE ETHYLBENZENE, STYRENE, ARSENIC, AND CHROMI- UM. THE WASTE AREAS CONTAIN A MINIMUM VOLUME OF 65,000 CUBIC YARDS OF WASTE. * THE ENVIRONMENTAL THREAT AT THE SITE IS DEGRADATION OF EXISTING CONDITIONS AND SUBSEQUENT RELEASES TO THE SUR- ROUNDING AREAS. THE SITE IS BOUNDED BY WETLANDS AND MARSHES AND IS LOCATED W/I A 100-YEAR FLOODPLAIN. * IN OCTOBER 1984, THE SITE WAS PROPOSED FOR THE NPL AND WAS PROMULGATED IN JUNE 1986. IN DEC 1984, THE STATE OF TEXAS ENTERED A COOP AGREEMENT WITH EPA FOR A RI AND FS. THE RI FIELD WORK BEGAN IN JAN 1986, AND A FINAL RI REPORT WAS SUB- MITTED IN OCT 1987. THE PRPS WERE OFFERED THE OPPORTUNITY TO PERFORM THE FS AND IN OCT 1987 A CD WAS SIGNED W/BAILEY TASK FORCE (BTF). FINAL FS REPORT WAS SUBMITTED IN MARCH 1988. * A UNILATERAL ORDER, CERCLA-VI-2-853 WAS ISSUED ON NOV 5, 1984, FOR ERECTION OF A FENCE AROUND THE SITE. THE ORDER WAS AMENDED TWICE TO CHANGE THE RESP NAMED. THE FENCING WAS COMPLETED IN DEC 1984 BY SOME OF THE PRPS. * THE ROD WAS SIGNED ON 6/28/88, AND CALLED FOR STABILIZATION OF THE SITE BY CONSOLIDATING AND SOLIDIFICATION OF THE WASTES FOLLOWED BY CAPPING TO PREVENT HUMAN CONTACT AND FUTURE MIGRATION. THE EST COSTS OF THIS REMEDY IS 13.7 MIL. COSTS INCURRED THROUGH DEC 31, 1988, TOTALED $1,039,500. OF THE PRPS HAS ESTABLISHED THE BTF AND HAVE TAKEN AN ACTIVE ROLE IN THE CLEANUP PROCESS BY PERFORMING THE FS. THE BTF COMPRISED OF 7 PRPS, SUBMITTED A GOOD FAITH OFFER TO PERFORM THE RD/RA AND A REQUEST FOR PREAUTHORIZED MIXED FUNDING ON SEPTEMBER 30, 1988. THE BTF HAS AGREED TO PERFORM THE RD/RA, PAY ALL OVERSIGHT COSTS AND $300,000 OF PAST COSTS. THE AGENCY WILL PAY 20% OF COSTS INCURRED FOR IMPLEMENTATION OF THE RD/RA.

Defendants (13)

• PHILLIPS PETROLEUM COMPANYNamed in complaintNamed in settlement
• BROWNING-FERRIS CHEMICAL SERVICES, INC.Named in complaintNamed in settlement
• CHEVRON CHEMICAL COMPANYNamed in complaintNamed in settlement
• DUPONTNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURSNamed in complaintNamed in settlement
• FRENCH LIMITED OF HOUSTON, INC.Named in complaintNamed in settlement
• FRENCH LTD., INC.Named in complaintNamed in settlement
• GEORGE WHITTEN & LUTHER HENDON, INDIVIDUNamed in complaintNamed in settlement
• GULF STATES UTILITIESNamed in complaintNamed in settlement
• OWENS- ILLINOIS, INC.Named in complaintNamed in settlement
• SUN REFINING AND MARKETING COMPANYNamed in complaintNamed in settlement
• TEXACO BUTADIENE COMPANYNamed in complaintNamed in settlement
• UNIROYAL GOODRICH TIRE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BAILEY WASTE DISPOSAL SITE

  N END OF RAINBOW BRIDGE W OF TX ST HWY 87, BRIDGE CITY, TX, 77611

  Registry ID: 110010688023

Statutes cited

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

Enforcement conclusions (1)

• BROWNING-FERRIS CHEMICAL SERV.entered 1990-04-30

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-03-23Enforcement Action Data Entered
• 1989-03-23Referred To Dept Of Justice
• 1989-09-22Complaint Filed With Court
• 1990-04-30Final Order Lodged
• 1990-04-30Final Order Entered
• 1990-04-30Concluded