EPA v. ENNIS, CITY OF

Case summary

EPA REGION VI SEEKS AN EMERGENCY REFERRAL FOR INJUNCTIVE RELIEF IN WEST DALLAS LEAD LITIGATION IN WHICH THE REGION ANTICIPATES THE IMMINENT NEED FOR THE DOJ TO COMMENCE A CIVIL ACTION TO COMPEL COMPLIANCE WITH A REQUEST FOR ACCESS PURSUANT TO SECTION 104(E) OF CERCLA, 42 U.S.C. 9604(E). * THE REGION DETERMINED THAT CONTINUED HUMAN EXPOSURE TO WASTE MATERIALS AT THE WEST DALLAS LEAD SITE (SITE) IN DALLAS, TEXAS CONSTITUTES AN IMMINENT AND SUBSTANTIAL ENDANGERMENT, PARTICULARLY TO CHILDREN AND PREGNANT WOMEN. THEREFORE, THE AGENCY HAS AUTHORIZED AN EMERGENCY REMOVAL ACTION AT THE SITE PURSUANT TO THE AUTHORITY UNDER SECTION 104(A) OF CERCLA, 42 U.S.C. 9604(A). THAT ACTION INVOLVES THE EXCAVATION OF CONTAMINATED MATERIAL. PRIOR TO SHIPMENT OFF-SITE, THE MATERIAL IS ANALYZED PURSUANT TO THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), 42 U.S.C. 6901 ET SEQ., AND SEGREGATED AS HAZARDOUS DETERMINATION MADE PURSUANT TO THE RCRA ANALYSIS. * THE OFF-SITE DISPOSAL OF SOIL AND DEBRIS IS AN INTEGRAL PART OF THE REMOVAL ACTION AT THE WEST DALLAS SITE. EPA IS USING THE RSR SMELTER BATCH HOUSE (BATCH HOUSE) AT THE SITE FOR CONSOLIDATION AND ANALYSIS OF SOIL AND DEBRIS AND TEMPORARY STORAGE PRIOR TO OFF-SITE DISPOSAL. THE STORAGE CAPACITY FOR NON-HAZARDOUS SOIL AND DEBRIS WAS REACHED ON 3/14/92. UNLESS OFF- SITE DISPOSAL ACTIVITIES COMMENCE TO ALLEVIATE THE CAPACITY PROBLEM AT THE BATCH HOUSE, THE EMERGENCY REMOVAL ACTION AT THE SITE WILL BE COMPLETELY HALTED. * EPA'S EMERGENCY RESPONSE CONTRACTOR SERVICE (ERCS) CONTRACTOR HAD INITIALLY SUBCONTRACTED FOR THE DISPOSAL OF NON-HAZARDOUS SOIL AND DEBRIS FROM THE SITE AT THE MAGNOLIA SANITARY LANDFILL FACILITY IN MONROE, LA. THE LOCAL GOVERNING BODY, THE OUACHITA PARISH POLICE JURY, RECEIVED A PRELIMINARY INJUNCTION ON 4/21/92, RESTRAINING THE MAGNOLIA LANDFILL FROM RECEIVING LEAD- CONTAMINATED MATERIAL FROM THE WEST DALLAS SITE. THIS PREVENTED EPA FROM COMMENCING OFF-SITE DISPOSAL AT THE MAGNOLIA LANDFILL AND HAS THUS INTERFERED WITH THE CONTINUATION OF THE EMERGENCY REMOVAL ACTION AT THE WEST DALLAS SITE. * DUE TO THE EXISTENCE OF THE LOUISIANA STATE COURT PRELIMINARY INJUNCTION, THE ERCS SUBCONTRACTED FOR THE DISPOSAL OF NON-HAZARDOUS SOIL AND DEBRIS FROM THE SITE AT THE CSC DISPOSAL AND LANDFILL, INC. FACILITY IN AVALON, TEXAS. UPON LEARNING OF THE REGION'S NEW PLANS FOR DISPOSAL, THE TWO MUNICIPALITIES ALONG THE TWO ROUTES TO THE CSC FACILITY RECEIVED TEMPORARY RESTRAINING ORDERS (TROS) AGAINST THE ERCS TRANSPORTATION SUBCONTRACTOR, ALLWASTE ENVIRONMENTAL, INC. ON 5/12/92 THE CITY OF ENNIS RECEIVED ITS TRO ENJOINING ALLWASTE 'FROM HAULING ANY AND ALL LEAD CONTAMINATED MATERIALS IN ENNIS AND OVER LAKE BARDWELL.' ON 5/13/92 THE CITY OF ITALY RECEIVED ITS TRO ENJOINING ALLWASTE 'FROM HAULING SAID HAZARDOUS WASTE IN AND THROUGH THE CITY OF ITALY AND WITHIN FIFTH (SIC) (50) FEET OF CITY'S DRINKING WATER SUPPLY.' * BOTH TROS IN TEXAS AND THE LOUISIANA PRELIIMINARY INJUNCTION HAVE PREVENTED EPA FROM COMMENCING OFF- SITE DISPOSAL AT EITHER THE MAGNOLIA OR THE AVALON LANDFILLS AND HAVE THUS INTERFERED

Defendants (1)

• ENNIS, CITY OFNamed in complaint

Facilities (1)

• WEST DALLAS LEAD (RSR) SITE

  MAIN OFFICE, DALLAS, TX, 75247

  Registry ID: 110010626956

Statutes cited

• CERCLA 104E3 — Entry Access

Timeline (6 milestones)

• 1992-05-19Enforcement Action Data Entered
• 1992-05-20Referred To Dept Of Justice
• 1992-05-22Referred TO U.S. Attorney
• 1992-05-22Complaint Filed With Court
• 1995-10-23Concluded
• 1995-10-23Enforcement Action Closed