EPA v. SCOGIN, V. J.

Case summary

THE BAYOU BONFOUCA SUPERFUND SITE IS LOCATED IN SLIDELL, ST. TAMMANY PARISH, LOUISIANA. THE SITE IS A FORMER WOOD PRESERVING FACILITY WHICH UTILIZED FORMED LUMBER, SUCH AS TELEPHONE POLES AND RAILROAD TIES, THAT WERE TREATED BY THE PRESSURIZED ADDITION OF CREOSOTE. A FIRE AT THE FACILITY IN 1970, IN ADDITION TO OPERATIONAL RELEASES, RESULTED IN THE RELEASE OF PURE PRODUCT CREOSOTE ONTO THE PLANT SURFACE AND INTO THE ADJACENT BAYOU FOR WHICH THE PROJECT IS NAMED. THE REMEDIAL DESIGN FOR THIS PROJECT INCLUDES DREDGING 16 FEET OF SEDIMENTS FROM THE BAYOU BOTTOM FOR INCINERATION. IN ORDER TO ACCOMPLISH THIS, IT IS NECESSARY TO PLACE SHEET PILING ALONG THE SHORELINE WITH SUBSURFACE ANCHORS TO ASSURE THAT THE SHORELINE DOES NOT COLLAPSE DURING DREDGING. * V.J. SCOGIN, WHO IS PRESIDENT OF STANDARD MATERIALS, OPERATES A PRESTRESSED CONCRETE COMPANY DOWNSTREAM FROM THE CONTAMINATED AREA AND ANOTHER FACILITY ADJACENT TO THE SITE. THE COMPANY (STANDARD) CURRENTLY HAS A CONTRACT TO MAKE TRESTLES FOR THE RAIL BRIDGE ACROSS LAKE PONCHARTRAIN. THEY DO THIS AT THE MAIN FACILITY, DOWNSTREAM OF THE CONTAMINATION, AND CARRY THE LARGE CONCRETE PIECES TO THE CONSTRUCTION AREA ON LAKE PONCHARTRAIN BY BARGE. AFTER THE CONCRETE PILINGS ARE OFF-LOADED, PREVIOUSLY REMOVED WOODEN TIMBERS ARE PLACED ONTO A BARGE AND TAKEN TO THE FACILITY ADJACENT TO THE ABANDONED CREOSOTE TREATMENT PLANT. THERE, THE OLD PILINGS ARE TRANSFERRED INTO RAIL CARS AND TAKEN AWAY FOR REUSE/DISPOSAL. * THE EPA REGION 6 ASKED MR. SCOGIN FOR VOLUNTARY ACCESS TO THIS PROPERTY FOR INSTALLMENT OF SHEET PLILING AND PLACEMENT OF MONITORING EQUIPMENT. MR. SCOGIN INDICATED THAT HE WOULD NOT ALLOW ACCESS UNLESS HE WAS COMPENSATED. AFTER SEVERAL DISCUSSIONS, MR. SCOGIN AND STANDARD MATERIALS WERE ISSUED AN ADMINISTRATIVE ORDER FOR ACCESS PURSUANT TO SECTION 104(E) OF CERCLA. MR. SCOGIN HAS NOT AGREED TO COMPLY WITH THE ORDER, AND IS SEEKING TO APPEAL ITS ISSUANCE. IN ADDITION, MR. SCOGIN HAS FILED SUIT AGAINST EPA AND THREE AGENCY OFFICIALS FOR DEPRIVATION OF PROPERTY WITHOUT COMPENSATION.

Defendants (1)

• SCOGIN, V.J.Named in complaint

Facilities (1)

• BAYOU BONFOUCA SUPERFUND SITE

  146 CHAMAZE DR, SLIDELL, LA, 70458

  Registry ID: 110010594945

Statutes cited

• CERCLA 104E3 — Entry Access

Timeline (5 milestones)

• 1991-10-09Enforcement Action Data Entered
• 1992-02-13Referred To Dept Of Justice
• 1992-11-06Complaint Filed With Court
• 1992-12-16Concluded
• 1995-10-30Enforcement Action Closed