EPA v. ALCOA (POINT COMFORT) LAVACA BAY

Case summary

THE ALUMINUM COMPANY OF AMERICA, INC. (ALCOA) POINT COMFORT OPERATIONS IS LOCATED SOUTH OF STATE HIGHWAY 35 NEAR THE TOWN OF POINT COMFORT, TX. THE FACILITY IS ADJACENT TO LA- VACA BAY. THE FACILITY IS CURRENTLY OPERATED FOR THE PRODUC- TION OF ALUMINA FROM BAUXITE ORE. PAST OPERATIONS AT THE FA- CILITY INCLUDED BAUXITE REFINING, ALUMINUM REFINING, AN A- LUMINUM FLUORIDE PLANT, A CHLOR-ALKALI FACILITY, AND A CAR- BON PASTE PLANT. FOR PURPOSES OF THIS REPORT, REFERENCES TO TO ALCOA OPERATIONS SHALL MEAN THAT PORTION OF THE FACILI- TY THAT WAS OPERATED BY ALCOA. A PORTION OF THE FACILITY WAS LEASED TO WITCO CHEMICAL CORPORATION WHICH PROCESSED COAL TAR FOR THE MANUFACTURE OF ELECTRODE BINDER PITCH AND CREOSOTE. FOR PURPOSES OF THIS REPORT, REFERENCES TO 'WITCO OPERATIONS' SHALL MEAN THAT PORTION OF THE FACILITY THAT WAS OPERATED BY WITCO. GROUNDWATER SAMPLES COLLECTED AND ANALYZED BY ALCOA FROM MONITORING WELLS AT THE ALCOA OPERATIONS AND SOIL SAMPLES COLLECTED AND ANALYZED BY THE MINE SAFETY AND HEALTLH ADMINISTRATION FROM THE ALCOA OPERATIONS INDICATE RELEASES AND THREAT OF RELEASES OF MERCURY AND OTHER HAZARDOUS CONSTITUENTS AT THE FACILITY. GROUNDWATER SAMPLES COLLECTED AND ANALYZED BY WITCO FROM MONITORING WELLS AT THE WITCO OPERATIONS INDICATE RELEASES AND THREAT OF RELEASES OF CREOSOTE AND ASSOCIATED WASTE CONSTIT- UENTS AT THE FACILITY. THE SITE WAS LISTED AS FINAL ON THE NPL IN FEBRUARY OF 1994 BASED ON MERCURY CONTAMINATION AT THE ALCOA FACILITY, POR- TIONS OF LAVACA BAY AND A DREDGE SPOIL ISLAND LEASED BY ALCOA. ON MARC. 31, 1994, ALCOA AND EPA ENTERED INTO AN ADMI NISTRATIVE ORDER (AOC) UNDER WHICH ALCOA WILL PERFORM THE RI/FS AND RISK ASSESSMENT AT THE SITE. THIS CASE WAS BROUGHT TO THE ATTENTION OF EPA BY NOAA. NOAA, DOI AND SEVERAL STATE OF TEXAS NATURAL RESOURCE TRUSTEES IN- CLUDING TNRCC, GENERAL LAND OFFICE (GLO) AND TEXAS PARKS AND WILDLIFE HAVE BEEN VERY ACTIVE AT THIS SITE. THEY HAVE RE- FERRED A NATURAL RESOURCE DAMAGE CASE TO DOJ, WHICH IS ON HOLD UNTIL ISSUANCE OF THE ROD. EPA REGION 6 HAS ENTERED IN- TO A SITE SPECIFIC AGREEMENT WITH THE TRUSTEES TO FACILITATE COORDINATION DURING THE RI/FS.

Defendants (1)

• ALCOA (POINT COMFORT) LAVACA BAYNamed in complaintNamed in settlement

Facilities (1)

• ALCOA LANDFILL

  POINT COMFORT PLANT, POINT COMFORT, TX, 77978

  Registry ID: 110010774411

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• ALCOA (POINT COMFORT) LAVACA BAYentered 1994-03-31

  Primary law: CERCLA

Timeline (3 milestones)

• 1992-12-07Enforcement Action Data Entered
• 1994-03-31Complaint Filed/Proposed Order
• 1994-03-31Final Order Issued