EPA v. DIXIE OIL PROCESSORS, INC._(RALPH LOWE)

Case summary

THIS IS A REFERRAL (LITIGATION REPORT) UNDER 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 RECOUPMENT OF $480,525 PLUS INTEREST SPENT ON RESPONSE MEASURES UNDERTAKEN AT THE DIXIE OIL PROCESSORS (DOP) FACILITY NEAR FRIENDSWOOD IN HARRIS CO., TEXAS ( DOP OR SITE ). EPA ADDITIONALLY SEEKS A DECLARATORY JUDGMENT UNDER SECTION 113(G)(2) OR CERC LA, 42 U.S.C. SEC. 9613 (G)(2), AND 28 U.S.C. SEC. 2201 FOR LIABILITY FOR FUTURE COSTS TO BE INCURRED AT THE DOP.INTER- COASTAL CHEMICAL COMPANY (ICC) OPERATED A COPPER RECOVERY AND HYDROCARBON WASHING FACILITY ON THE DOP NORTH SITE FROM 1969 TO 1978. A TOTAL OF SIX SURFACE IMPOUNDMENTS WERE USED BY ICC TO STORE WASTEWATER CONTAINING COPPER PRIOR TO RE- COVERY AND TO TREAT WASTEWATER PRIOR TO DISCHARGE. WASTE- WATERS FROM THE HYDROCARBON WASHING OPERATIONS WERE ALSO DIS CHARGED INTO ONE OF THE IMPOUNDMENTS. DURING A TWO YEAR PER IOD PERIOD BETWEEN 1975 AND 1977, THE IMPOUNDMENTS WERE CLOS ED AND DECOMMISSIONED. IN 1978, DOP BEGAN OPERATIONS ON THE DOP SOUTH SITE. ACT- IVITIES WHICH OCCURRED ON THE SITE ARE AS FOLLOWS: REGENER- ATION OF CUPROUS CHLORIDE CATALYST; HYDROCARBON WASHING TO PRODUCE ETHYLBENZENE, TOLUENE, AROMATIC SOLVENTS, STYRENE PI TCH; OIL RECOVERY; AND BLENDING AND DISTILLING RESIDUES FROM LOCAL CHEMICAL PLANTS AND REFINERIES (MAINLY PHENOLIC TANK B OTTOM TARS AND GLYCOL CUTTER STOCK) TO PRODUCE VARIOUS PETRO LEUM PRODUCTS INCLUDING FUEL OIL, CREOSOTE EXTENDER, AND A M OLYBDENUM CONCENTRATE CATALYST. ACTIVE OPERATIONS ON THE DOP SITE STOPPED IN 1986. PREVIO USLY CLOSED SURFACE IMPOUNDMENTS LOCATED ON DOP NORTH WERE N OT UTILIZED DURING DOP OPERATIONS. THE DOP SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST (N PL) IN OCTOBER, 1989, WITH A HAZARD RANKING SYSTEM (HRS) SCO RE OF 34.21. THIS SCORE IS DUE SOLELY TO THE SCORE GIVEN TO THE GROUNDWATER ROUTE (I.E., THE POTENTIAL IMPACT OF CONTAM INATION ON THE DRINKING WATER SUPPLY IN THE AREA.

Defendants (12)

• ARCO CHEMICAL CO.Named in complaintNamed in settlement
• DIXIE OIL PROCESSORSNamed in complaintNamed in settlement
• DOW CHEMICAL CO. U.S.A.Named in complaintNamed in settlement
• EL PASO PRODUCTSNamed in complaintNamed in settlement
• INTERCOASTAL CHEMICAL CO.Named in complaintNamed in settlement
• LOWE, RALPHNamed in complaintNamed in settlement
• LOWENCONamed in complaintNamed in settlement
• MERICHEM CO.Named in complaintNamed in settlement
• MOBIL CHEMICALNamed in complaintNamed in settlement
• PETRO TEX CHEMICAL CO.Named in complaintNamed in settlement
• ROHM & HAAS CO.Named in complaintNamed in settlement
• TEX-TINNamed in complaintNamed in settlement

Facilities (1)

• DIXIE OIL PROCESSORS INC

  2801 CHOATE ROAD, FRIENDSWOOD, TX, 77546

  Registry ID: 110005066169

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• LOWENCO, INC.entered 1994-08-04

  Primary law: CERCLA

• TEX TIN CORPORATIONentered 1994-08-04

  Primary law: CERCLA

• RALPH L. LOWE, DIXIE OILentered 1994-08-04

  Primary law: CERCLA

• DIXIE OIL PROCESSORS, INC._(RALPH LOWE)entered 2004-01-30

  Primary law: CERCLA

Timeline (5 milestones)

• 1991-03-28Enforcement Action Data Entered
• 1991-03-28Referred To Dept Of Justice
• 1994-02-14Complaint Filed With Court
• 2003-12-31Final Order Lodged
• 2004-01-30Final Order Entered