EPA v. HERCULES, INC. - JACKSONVILLE CRANE

Case summary

09/25/91: THIS IS A REFERRAL UNDER CERCLA SEC. 107 FOR THE RECOUPMENT OF $24,870.22 PLUS INTEREST SPENT ON RESPONSE MEASURES UNDERTAKEN AT ADAMS FOREIGN CAR REPAIR LOCATED IN JACKSONVILLE, ARKANSAS. MR. JOHN JAMES PURCHASED A CRANE FROM TRANSVAAL/VERTAC CORPORATION IN THE EARLY 1980S AND MOVED ITTO HIS PROPERTY. THE CRANE WAS PLACED IN AN UNSECURED OPEN YARD BEHIND ADAMS FOREIGN CAR REPAIR. THE DOWNTOWN BUSINESS DISTRICT, RESTAURANTS, CITY HALL, PUBLIC LIBRARY, SEVERAL RESIDENCES, CHURCHES, AND AN ELEMENTARY SCHOOL ARE LOCATED WITHIN ONE-HALF MILE OF THE SITE. ANALYSIS SHOWED THAT ONLY THE CRANE AND NOT SURROUNDING SOIL WAS CONTAMINATED WITH DIOXIN. EPA INITIATED AN IMMEDIATE REMOVAL ACTION. BETWEEN APRIL 21, 1989 AND MAY 6, 1989, EPA DIRECTED A REMOVAL ACTION WHICH INCLUDED COLLECTING WIPE, SOIL, AND AIR SAMPLES; WRAPPING THE CRANE IN 20-MIL PLASTIC; AND TRANSPORTING IT TO THE VERTAC FACILITY IN JACKSONVILL FOR LATER DISPOSAL. ALL COSTS OF REMOVAL OR REMEDIAL ACTION INCURRED BY US GOVERNMENT ARE RECOVERABLE FROM THE LIABLE PARTY. EPA WILL EXPEND ADDITIONAL GOVERNMENT MONIES TO DECONTAMINATE THE CRANE AT THE VERTAC SUPERFUND SITE. TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT, ON APRIL 20, 1989, EPA AUTHORIZED THE REMOVAL OF CONTAMINATED EQUIPMENT FROM THE JACKSONVILLE CRANE SITE. THE TOTAL CEILING ESTIMATE FOR THIS PROJECT WAS $109,625. WHEN THE PROJECT WAS COMPLETED AND CLOSED OUT, A TOTAL OF $24,870.22 HAD ACTUALLY BEEN SPENT FOR THE REMOVAL ACTION AT THE JACKSONVILLE CRANE SITE. HOWEVER, EPA EXPECTS TO EXPEND FUNDS IN THE FUTURE TO DECONTAMINATE THE REMOVED MATERIALS.

Defendants (1)

• HERCULESNamed in complaint

Facilities (1)

• JACKSONVILLE CRANE SITE

  ONE BLOCK S OF 1ST ST & MAIN ST, JACKSONVILLE, AR, 72076

  Registry ID: 110010594954

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-05-01Enforcement Action Data Entered
• 1991-09-25Referred To Dept Of Justice
• 1992-03-02Complaint Filed With Court
• 1994-08-05Final Order Lodged
• 1994-08-05Final Order Entered
• 1994-08-05Concluded
• 1994-08-05Enforcement Action Closed