EPA v. HERCULES, INC. - ROGERS ROAD MUNICIPAL LANDFILL

Case summary

THIS IS A REFERRAL (LITIGATION REPORT) PURSUANT TO SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITYL ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REQUTHORIZATION ACT OF 1986, PUB. L. NO. 99-499 (CERCLA), 42 U.S.C. SECTION 9607, FOR RECOUPMENT OF $1,344,159.81 PLUS INTEREST EXPENDED ON RESPONSE MEASURES UNDERTAKEN AT THE ROGERS ROAD MUNICIPAL LANDFILL LOCATED IN JACKSONVILLE, ARKANSAS. THE PROPERTY WAS ACQUIRED BY THE CITY OF JACKSONVILLE ON SEPTEMBER 16, 1953. APPROXIMATELY HALF OF THE SITE WAS USED INTERMITTENTLY AS A MUNICIPAL WASTE DISPOSAL FACILITY, IN CONJUNCTION WITH THE JACKSONVILLE LANDFILL, UNTIL OCTOBER 1974. RECORDS INDICATE THAT OPEN BURNING AND TRENCHING WITH BUCKET AND DRAGLINE WERE THE WASTE HANDLING METHODS USED UNTIL 1974, ALONG WITH OPEN DUMPING AND LANDFILLING. WASTES APPEAR TO HAVE BEEN DISPOSED OF IN ONE LONG EXCAVATED TRENCH, AND IN SEVERAL SURFACE PILES, ACCOMPANIED BY OPEN DUMPING IN NUMEROUS AREAS FOUND AROUND THE SITE. AFTER WASTE DISPOSAL, THE TRENCH, SOME OF THE SURFACE PILES, AND POSSIBLY OTHER OBJECTS APPEAR TO HAVE BEEN COVERED WITH A LAYER OF SOIL. IN ACCORDANCE WITH THE REMIDIAL INVESTIGATION/FEASIBILITY STUDY, THE PRIMARY SOURCE OF ORGANIC CONTAMINATION AT THE ROGERS ROAD LANDFILL DERIVED FROM THE CONTAMINATED DRUM DISPOSAL AREA AND NEARBY MOUNDS LOCATED SOUTHEAST OF THE MIDDLE OF THE FENCED AREA. THE CONTAMINANTS OF CONCERN THAT WERE DETECTED IN APPRECIABLE CONCENTRATIONS ARE 2, 3, 7, 8-TETRACHLORODIBENZO-P-DIOXIN (2,3,7,8-TCDD), THE HERBICIDES 2, 4-DICHLOROPHENZY ACETIC ACID (2,4-D), 2, 4, 5-TRICHLOROPHENOXY ACETIC ACID (2,4,5-T) AND 2, 4, 5-TRICHLOROPHENOXY PROPIONIC ACID (2,4,5-TP OR SILVEX) AND THE PESTICIDE DIELDRIN. BECAUSE OF THE HUMAN HEALTH AND ENVIRONMENTAL ENDANGER- MENT POSED BY THE ROGERS ROAD MUNICIPAL LANDFILL, THE SITE CURRENTLY RANKS NUMBER 937 RESPECTFULLY, ON THE NPL. 40 C.F.R. PART 300, APP. B (1990). HERCULES, THE PROPOSED DEFENDANT, ARRANGED FOR DISPOSAL OF HAZARDOUS SUBSTANCES AT THE ROGERS ROAD MUNICIPAL LANDFILL SITE. FROM 1961 THROUGH 1971, HERCULES OWNED AND OPERATED A FACILITY WHICH PRODUCED HERBICIDES LOCATED IN THE CITY OF JACKSONVILLE, ARKANSAS. THE FACILITY IS NOW KNOWN AS THE VERTAC SITE. DURING THE TIME-FRAME WHEN HERCULES OWNED AND OPERATED THE VERTAC FACILITY, OR DURING A PORTION OF THAT PERIOD, HERCULES DISPOSED OF WASTE GENERATED FROM THEIR HERBICIDE PRODUCTION PROCESS AT THE ROGERS ROAD MUNICIPAL LANDFILL, THE SITE AT ISSUE HERE. THE ROGERS ROAD LANDFILL WAS OPERATED INTERMITTENTLY FROM 1953 THROUGH 1974. MR. PETE SMITH, AN HOURLY EMPLOYEE OF THE CITY OF JACKSONVILLE WHO OPERATED THE JACKSONVILLE LANDFILL FROM APPROXIMATELY 1972 THROUGH 1973, ALSO OPERATED THE ROGERS ROAD ON HIS OWN FOR A VERY SHORT PERIOD OF TIME (AP- PROXIMATELY ONE WEEK) DURING 1973. THE TESTIMONY OF MR. SMITH ILLUSTRATED THAT EMPLOYEES OF THE HERCULES ROUTINELY DROVE THE FACILITY OWNED TRUCKS TO THE ROGERS ROAD LANDFILLS. THESE TRUCK DRIVERS WOULD DISPOSE TRASH AND DRUMS FROM THE HERCULES FACILITY AT THE ROGERS ROAD LAND- FILL. MR. SMITH DESCRIBED THE MATERIAL IN THE DRUMS AS MOSTLY LIQUIDS. ADDITIONALLY, MR. SMITH ALSO STATED THAT HE KEPT A LOG OF WHO HAD DUMPED AT THE ROGERS ROAD LANDFILL, WHICH HE SUBMITTED TO THE CITY OF JACKSONVILLE ON A REGULAR BASIS. THIS LOG WAS USED TO GENERATE BILLS SENT TO PERSONS UTILIZING THE LANDFILL. BECAUSE THE ROGERS ROAD LANDFILL WAS OPERATED AS TYPICAL SANITARY LANDFILL AND NOT A RCRA PERMITTED DISPOSAL FACILITY, THE CITY OF JACKSON- VILLE DID NOT REQUIRE MANIFESTS WHICH WOULD DOCUMENT THE TYPES OF WASTES DISPOSED OF AT THE

Defendants (5)

• HERCULES, INC.Named in complaintNamed in settlement
• CHEMTURA CANADA (FORMERLY UNIROYAL CHEM)Named in complaintNamed in settlement
• JACKSONVILLE LANDFILLNamed in complaintNamed in settlement
• VERTACNamed in complaintNamed in settlement
• ROGERS ROAD LANDFILLNamed in complaintNamed in settlement

Facilities (1)

• ROGERS ROAD MUNICIPAL LANDFILL

  ROGER RD 2/10MI S OF GRAHAM RD, JACKSONVILLE, AR, 72076

  Registry ID: 110009332105

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• VERTAC CHEMICALentered 2007-05-18

  Primary law: CERCLA

Timeline (5 milestones)

• 1991-05-01Enforcement Action Data Entered
• 1991-06-28Referred To Dept Of Justice
• 1992-03-02Complaint Filed With Court
• 2007-05-18Final Order Entered
• 2007-05-18Final Order Lodged