EPA v. POPILE, INC. - EL DORADO, AR

Case summary

RESPONDENTS CUTHBERTSON AND RICHARDSON OPERATED EL DORADO POLE AND PILING (EDPP), A WOOD TREATING FACILITY THAT UTILIZED CREOSOTE AND PENTACHLOROPHENOL IN ITS PROCESSES, FROM APPROXIMATELY 1958 UNTIL 1982. IN 1982 EDPP WAS DISSOLVED AND POPILE, INC. WAS FORMED TO MANAGE THE CLOSURE OF THREE WASTEWATER TREATMENT PONDS THAT COVERED APPROXIMA- TELY 7 OF THE 43 ACRES OF THE SITE. PRIOR TO EDPP'S DIS- SOLUTION, IT SOLD THE ACREAGE SURROUNDING THE 7 ACRE CLOSURE AREA TO EL ARK, A CORPORATION FORMED TO STAGE LUMBER ON THE ACREAGE IT HAD PURCHASED. POPILE, WHOSE SOLE OFFICERS AND SHAREHOLDERS ARE CUTHBERTSON AND RICHARDSON, COMMENCED CLOSURE ACTIVITIES IN 1984 UNDER THE SUPERVISION OF THE ADPC&E. ADPC&E SUBSEQUENTLY DETERMINED THAT RESPONDENTS WERE NOT IN COMPLIANCE WITH RCRA'S CLOSURE REQUIREMENTS FOUND IN 40 CFR PART 265 AND REFERRED THE MATTER TO EPA FOR ENFORCEMENT. ON JUNE 30, 1989 COMPLAILNANT EPA ISSUED A COMPLAINT, COMPLIANCE ORDER, AND NOTICE AND OPPORTUNITY FOR HEARING (COMPLAINT) ALLEGING SIX COUNTS OF CLOSURE AND POST-CLOSURE VIOLATIONS. ON JANUARY 10, 1991 COMPLAINANT MOVED FOR PARTIAL ACCELERATED DECISION ON LIABILITY PREDICATED UPON ALL SIX COUNTS OF A COMPLAINT. ON FEBRUARY 25, 1991, RE- SPONDENTS SERVED THEIR OPPOSITION TO THE COMPLAINANT'S MOTION, TO WHICH COMPLAINANT RESPONDED ON MARCH 11, 1991. ON MARCH 15, 1991 ALJ VANDERHEYDEN ORDERED THE RESPONDENTS TO COME FORWARD WITH SPECIFIC FACTS IN DOCUMENTARY FORM TO ESTABLISH THAT GENUINE ISSUES OF MATERIAL FACT EXISTED CONCERNING LIABILITY. ON APRIL 3, 1991 RESPONDENTS SUB- MITTED THEIR SUPPLEMENTAL REPLY AND ON MAY 29, 1991 ALJ VANDERHEYDEN DENIED COMPLAINANT'S MOTION, ORDERED THE PARTIES TO CONTINUE GOOD FAITH SETTLEMENT NEGOTIATIONS, AND SET A HEARING DATE OF NOVEMBER 19, 1991. ON NOVEMBER 1, 1991 COMPLAINANT SERVED A MOTION FOR PARTIAL ACCELERATED DECISION ON LIABILITY PREDICATED ON ONE COUNT OF THE COMPLAINT DUE TO RECENTELY DISCOVERED INFORMATION.

Defendants (3)

• CUTHBERTSON, JAMESNamed in complaint
• POPILE, INC.Named in complaint
• RICHARDSON, F.Named in complaint

Facilities (1)

• POPILE INCORPORATED

  SOUTHFIELD ROAD, EL DORADO, AR, 71730

  Registry ID: 110002152811

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Timeline (5 milestones)

• 1989-01-31Enforcement Action Data Entered
• 1989-06-30Complaint Filed/Proposed Order
• 1994-10-11Final Order Issued
• 1995-09-18Compliance Achieved
• 1995-09-18Enforcement Action Closed