EPA v. HERCULES, INC. - JACKSONVILLE MUNICIPAL LANDFILL

Case summary

THIS IS A REFERRAL (LITIGATION REPORT) PURSUANT TO SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO. 99-499 (CERCLA), 42 U.S.C. SECTION 9607, FOR RECOUOPMENT OF $1,971,935.38, PLUS INTEREST EXPENDED ON RESPONSE MEASURES UNDERTAKEN AT THE JACKSONVILLE MUNICIPAL LANDFILL LOCATED IN JACKSONVILLE, ARKANSAS. THE ENVIRONMENTAL PROTECTION AGENCY (EPA) SEEKS TO RECOVER NOT ONLY THE PAST COSTS REFERENCED ABOVE, BUT ALSO RESPONSE COSTS INCURRED UP TO THE PRESENT DATE, THAT ARE RELATED TO THIS SITE. THE PROPERTY WAS PURCHASED BY THE CITY OF JACKSONVILLE IN JUNE 1960. APPROXIMATELY 40 ACRES WERE USED FOR LANDFILLING. THIS PORTION OF THE PROPERTY WAS FENCED IN 1986 TO PREVENT UNAUTHORIZED ACCESS. RECORDS INDICATE THAT OPEN BURNING AND TRENCHING WITH BUCKET AND DRAGLINE WERE THE WASTE HANDLING METHODS UTILIZED UNTIL 1969. AFTER 1970, TRANCHING WAS THE SOLE METHOD USED ON-SITE. HISTORICAL RECORDS INDICATE THAT WASTES WERE PLACED IN BURN AREAS AND LATER IN UNLINED TRENCHES FROM 1960 TO 1973. IT APPEARS THAT SUBSEQUENT TO DISPOSAL, THE EXCAVATED TRENCHES AND SOME OF THE LARGER SURFACE PILES WERE COVERED WITH A LAYER OF SOIL. AS REFLECTED BY THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY, THE PRIMARY SOURCE OF ORGANIC CONTAMINATION AT THE JACKSONVILLE LANDFILL SITE DERIVED FROM THE CONTAMINATED DRUM DISPOSAL WHICH TOOK PLACE AT THE SOUTH END OF THE PROPERTY. 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-DICHLOROPHENOXY ACETIC ACID (2,4-3), 2,4,5-TRICHLOROPHENOXY ACETIC ACID (2,4,5-T) AND 2,4,5-TRICHLOROPOHENOXY PRIOPONIC ACID (2,4,5-TP OR SILVEX) AND THE SEMIVOLATILE ORGANIC COMPOUND, 2,4-DICHLOROPHENOL (2,4-DCP). BECAUSE OF THE ENVIRONMENTAL AND HEMAN HEALTH ENDANGERMENT POSED BY JACKSONVILLE NUMICIPAL LANDFILL SITE, IT CURRENTLY RANKS AS NUMBER 936 RESPECTFULLY, ON THE NPL. 50 C.F.R. PART 300, APP. B (1990). HERCULES, THE PROPOSED DEFENDANT, ARRANGED FOR DISPOSAL OF HAZARDOUS SUBSTANCES AT THE JACKSONVILLE 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 JACKSONVILLE MUNICIPAL LANDFILL, THE SITE AT ISSUE HERE. THE JACKSONVILLE LANDFILL WAS OPERATED FROM THE 1960'S TO 1973. MR. PETE SMITH, AN HOURLY EMPLOYEE OF THE CITY OF JACKSON- VILLE OPERATED THE JACKSONVILLE LANDFILLE FROM APPROXIMATELY 1972 THROUGH 1E973. THE TESTIMONY OF MR. SMITH ILLUSTRATED THAT EMPLOYEES OF THE HERCULES ROUTINELY DROVE THE FACILITY OWNED TRUCKS TO THE JACKSONVILLE LANDFILL. THESE TRUCK DRIVERS WOULD DISPOSE TRASH AND DRUMS FROM THE HERCULES FACILITY AT THE JACKSONVILLEL LANDFILL. MR. SMITH DE- SCRIBED THE MATERIAL IN THE DRUMS AS MOSTLY LIQUIDS. ADDITIONALLY, MR. SMITH WILL ALSO TESTIFY THAT HE KEPT A LOG OF WHO HAD DUMPED AT THE 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 JACKSONVILLE LANDFILL WAS OPERATED AS TYPICAL SANITARY LANDFILL AND NOT A RCRA PERMITTED DISPOSAL FACILITY, THE CITY OF JACKSONVILLE DID NOT REQUIRE MANIFESTS WHICH WOULD DOCUMENT THE TYPES OF WASTES DISPOSED OF AT THE LANDFILLS, OR THE NAMES O

Defendants (2)

• HERCULES, INC. - JACKSONVILLE MUNICIPALNamed in complaintNamed in settlement
• JACKSONVILLE, CITY OF

Facilities (1)

• HERCULES INC JACKSONVILLE PLAN

  1010 MARSHALL RD, JACKSONVILLE, AR, 72076

  Registry ID: 110010774242

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CITY OF JACKSONVILLEentered 1994-06-20

  Primary law: CERCLA

Timeline (6 milestones)

• 1991-05-01Enforcement Action Data Entered
• 1991-06-28Referred To Dept Of Justice
• 1992-03-02Complaint Filed With Court
• 1994-06-20Final Order Lodged
• 1994-06-20Final Order Entered
• 1994-06-20Concluded