EPA v. GULF STATES UTILITIES COMPANY (INDUSTRIAL TRANSFORMER)

Case summary

THE DEFENDANT, GULF STATES UTILITIES CO., VIOLATED CERCLA SECTIONS 106 AND 107 OF CERCLA 42 USC SECTIONS 9606 AND 9607 BY HAVING ARRANGED FOR THE DISPOSAL OR TREATMENT OF HAZARDOUS WASTE AND THE TRANSPORTATION FOR DISPOSAL OR TREATMENT OF HAZARDOUS SUBSTANCES AT THE INDUSTRIAL TRANS- FORMER FACILITY. * REIMBURSEMENT OF COSTS EXPENDED AT THE SITE IN EXCESS OF $428,919 AND AN ORDER OR DECREE REQUIRING THE DEFENDANT TO PERFORM REMEDIAL DESIGN AND REMEDIAL ACTION OF THE PCB CON- TAMINATED SURFACE SOIL AS SET FORTH IN THE RECORD OF DECI- SION FOR THE FIRST OPERABLE UNIT AT THIS SITE. * EPA REGION 6 HAS HAD EXTENSIVE DEALINGS WITH THE DEFENDANT, GULF STATES UTILITIES CO.(GSU) AND ENTERED AN AO ON CONSENT WITH THE DEF. ON FEB 2, 1989 TO PERFORM A REMOVAL ACTION. THE AGENCY RECEIVED A GOOD FAITH OFFER FROM THE DEFENDANT IN ACCORDANCE WITH CERCLA SECTION 122, 42 USC 9622 ON SEPT 9, 1988 AND HAS BEEN ACTIVELY NEGOTIATING WITH DOJ A PRE- REFERRAL CONSENT DECREE WITH DEFENDANT SINCE THAT TIME. * THE EXTENT TO WHICH THE CONCLUSIONS OF THE ROD FOR THE FIRST OPERABLE UNIT AT THIS SITE REPRESENTS A DIVISIBLE HARM WHICH CAN BE REFLECTED IN THE COVENANT NOT TO SUE IN THE PROPOSED CONSENT DECREE. * THE ACTION MEMO WAS SIGNED ON JUNE 9, 1988. A GOOD FAITH OFFER WAS SUBMITTED TO REGION 6 ON MARCH 9, 1988 AND A REVISED GOOD FAITH OFFER ON SEPT 29, 1988. THE CONSENT DECREE WAS ENTERED ON 3/8/90. THE EFFECT OF THE COVENANT NOT TO SUE IN THIS CONSENT DECREE UPON FURTHER ACTION AGAINST CERTAIN OTHER POTENTIALLY RESPON SIBLE PARTIES LIABILITY FOR THE REMEDY SELETED FOR THE SECOND OPERABLE UNIT IN A FORTHCOMING ROD. * THE REMEDIAL ACTION WHICH CONSISTS OF DECHLORINIZATION OF PCBS IN THE SOIL COMMENCED IN DECEMBER OF 1991. * MODIFIED CONSENT DECREE DUE TO CHANGE IN REMEDY FROM SOLVENT WASHING TO APEG WAS ENTERED ON 5/14/91.

Defendants (1)

• GULF STATES UTILITIES COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SOL LYNN/INDUSTRIAL TRANSFORMERS

  1415, 1417, 1419 S LOOP WEST, HOUSTON, TX, 77054

  Registry ID: 110009313536

Statutes cited

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

Enforcement conclusions (1)

• US V GULF STATE UTILITIES CO.entered 1990-03-08

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-03-28Enforcement Action Data Entered
• 1989-03-31Referred To Dept Of Justice
• 1990-01-08Complaint Filed With Court
• 1990-03-08Final Order Lodged
• 1990-03-08Final Order Entered
• 1990-03-08Concluded