EPA v. BAILEY WASTE DISPOSAL SITE

Case summary

THE BAILEY WASTE DISPOSAL SITE IS A CLOSED INDUSTRIAL WASTE FACILITY AND IS PART OF SALTWATER MARSHLANDS NEAR THE CONFLUENCE OF THE NECHES RIVER AND SABINE LAKE. THE SITE LIES WITHIN A 100-YEAR FLOOD PLAIN. THE BAILEY WASTE DISPOSAL SITE ENCOMPASSES APPROX 280 ACRES LOCATED 3 MILES SOUTHWEST OF BRIDGE CITY IN ORANGE COUNTY, TEXAS. THE SITE IS WEST OF TEXAS HIGHWAY 87 AND IS ONLY AC- CESSIBLE VIA A SHORT BRIDGE SPANNING A DRAINAGE CHANNEL, ADJACENT AND PARALLEL TO THE HIGHWAY. THE SITE ITSELF IS UNDEVELOPED EXCEPT FOR THE PRESENCE OF A DILAPIDATED SHACK. IT IS BOUNDED BY UNDEVELOPED LANDS AND AGRICUL- TURE TRACTS AND IS APPROX 2 MILES FROM THE NEAREST RESIDENTIAL AREA. THE NEAREST DEVELOPED PROPERTY IS ACROSS THE NECHES RIVER AND IS INDUSTRIAL IN NATURE. THE SITE ENCOMPASSES TWO PONDS REFERRED TO AS POND A AND POND B AND THEIR PERIMETER LEVEES. THE SITE WAS CONSTRUCTED BY MR. JOE BAILEY IN THE 1950'S AS A FISHING CAMP. A HURRICANE DESTROYED THE CAMP IN THE 1960'S BY INUNDATING THE FRESHWATER PONDS WITH SALINE WATER. THE SITE ALSO OPERATED AS A DISPOSAL FACILITY FOR INDUSTRIAL MUNICIPAL AND OTHER WASTES DURING THIS PERIOD. THE SITE WAS CLOSED IN 1971. THE RI IDENTIFIED FOUR MAJOR WASTE AREAS: THE WASTE CHANNEL, AREA EAST OF POND A, DRUM DISPOSAL AREA AND THE WASTE PITS. THE WASTE AREAS CONTAIN A VARIETY OF VOLATILE AND SEMI-VOLATILE ORGANICS AND METALS. THE MOST COMMONLY OCCURRING CONSTITUENTS ARE ETHYLBENZENE, STYRENE, ARSENIC, AND CHROMIUM. THE WASTE AREAS CONTAIN A MINIMUM VOLUME OF 65,000 CUBIC YARDS OF WASTE. THE ENVIRONMENTAL THREAT AT THE SITE IS DEGRADATION OF EXISTING CONDITIONS AND SUBSEQUENT RELEASES TO THE SURROUNDING AREAS. THE SITE IS BOUNDED BY WETLANDS AND MARSHES AND IS LOCATED WITHIN A 100-YEAR FLOODPLAIN. IN OCTOBER 1984, THE SITE WAS PROPOSED FOR THE NPL AND WAS PROMULGATED IN JUNE 1986. IN DEC. 1984 THE STATE OF TEXAS ENTERED A COOP AGREEMENT WITH EPA FOR A RI AND FS. THE RI FIELD WORK BEGAN IN JAN. 1986, AND A FINAL RI REPORT WAS SUBMITTED IN OCT. 1987. THE PRPS WERE OFFERED THE OPPORTUNITY TO PERFORM THE FS AND IN OCT. 1987 A CD WAS SIGNED WITH BAILEY TASK FORCE (BTF). FINAL FS REPORT WAS SUBMITTED IN MARCH, 1988. A UNILATERAL ORDER, CERCLA VI-2-853 WAS ISSUED ON NOV. 5, 1984 FOR ERECTION OF A FENCE AROUND THE SITE. THE ORDER WAS AMENDED TWICE TO CHANGE THE RESP NAMED. THE FENCING WAS COMPLETED IN DEC. 1984 BY SOME OF THE PRPS. THE ROD WAS SIGNED ON 6/28/88 AND CALLED FOR STABILIZA- TION OF THE SITE BY CONSOLIDATING AND SOLIDIFICATION OF THE WASTES FOLLOWED BY CAPPING TO PREVENT HUMAN CONTACT AND FUTURE MIGRATION. THE EST COSTS OF THIS REMEDY IS 13.7 MIL. COSTS INCURRED THROUGH 12/31/88 TOTALLED $1,039,500. UNRECOVERED COSTS INCURRED THROUGH 11/30/91 TOTAL APPROXIMATELY $852,050.35. APPROX 22 PRPS HAVE BEEN IDENTIFIED FOR THE SITE. A SUBSET OF THE PRPS HAS ESTABLISHED THE BTF AND HAVE TAKEN AN ACTIVE ROLE IN THE CLEANUP PROCESS BY PERFORMING THE FS. THE BTF COMPRISED OF 7 PRPS, SUBMITTED A GOOD-FAITH OFFER TO PERFORM THE RD/RA AND A REQUEST FOR PREAUTHORIZED MIXED FUNDING ON SEPT. 30, 1988. THE BTF HAS AGREED TO PERFORM THE RD/RA, PAY ALL OVERSIGHT COSTS AND $300,000 OF PAST COSTS. THE AGENCY WILL PAY 20% OF COSTS INCURRED FOR IMPLEMENTATION OF THE RD/RA. A CONSENT DECREE BETWEEN ONE SET OF POTENTIALLY RESPONSIBLE PARTIES (THE BAILEY TASK FORCE) AND EPA WAS LODGED IN THE COURTS ON SEPT. 27, 1989 AND INCLUDED PROV

Defendants (9)

• MOBIL OIL CORPORATIONNamed in complaintNamed in settlement
• OLIN CORPORATIONNamed in complaintNamed in settlement
• PPG INDUSTRIESNamed in complaintNamed in settlement
• UNION OIL OF CALIFORNIA (UNOCAL)Named in complaintNamed in settlement
• ALLIED-SIGNAL, INC.Named in complaintNamed in settlement
• ATLANTIC RICHFIELD COMPANYNamed in complaintNamed in settlement
• DOW CHEMICAL COMPANY, THENamed in complaintNamed in settlement
• FIRESTONE TIRE AND RUBBER COMPANY, INC.Named in complaintNamed in settlement
• GOODYEAR TIRE AND RUBBER COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• BAILEY WASTE DISPOSAL SITE

  N END OF RAINBOW BRIDGE W OF TX ST HWY 87, BRIDGE CITY, TX, 77611

  Registry ID: 110010688023

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ALLIED-SIGNAL, INC;entered 1995-07-19

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-12-31PRN Sent
• 1991-12-31Referred To Dept Of Justice
• 1991-12-31Enforcement Action Data Entered
• 1995-02-16Complaint Filed With Court
• 1995-07-19Final Order Lodged
• 1995-07-19Final Order Entered
• 1995-07-19Concluded