EPA v. NATIONAL ZINC SITE

Case summary

THE CENTER OF THE SITE IS LOCATED IN THE AREA AND VICINITY OF THE ZCA FACILITY (FORMERLY KNOWN AS NATIONAL ZINC COMPANY ), LOCATED ON THE WESTERN EDGE OF BARTLESVILLE, WEST 11TH STREET, OK. THAT VICINITY, INCLUDING A LARGE SURROUNDING AREA, CONSTITUTES THE SITE. THE SITE IS LOCATED IN THE COUNTIES OF WASHINGTON AND OSAGE RESPECTIVELY. PREVIOUSLY, THE ZCA FACILITY WAS OCCUPIED BY THREE OTHER SMELTERS, THE NATIONAL ZINC COMPANY, BARTLESVILLE ZINC COMPANY AND LAN- YON-STARR SMELTING COMPANY. SINCE SITE OPERATIONS BEGAN IN 1907, THE PRIMARY FUNCTION WAS THE RECOVERY OF ZINC AND OTHER HEAVY METALS FROM ZINC CONCENTRATES AND OTHER MATERIALS. RECOVERY OF THOSE METALS INVOLVES CHEMICAL PROCEDURES AS WELL AS SMELTING OPERATIONS. PRIOR TO LATE 1976, APPROXIMATELY 1500 TONS OF PARTICULATE MATTER (CONTAINING LEAD, CADMIUM, AND OTHER HEAVY METALS) WERE RELEASED INTO THE ATMOSPHERE ANNUALLY (APPROXIMATELY 200 MILLION POUNDS TOTAL). IN LATE 1976, THE HORIZONAL RE- TORT FURNACES USED AT THE FACILITY WERE REPLACED BY ELECTRO- STATIC SMELTERS WHICH SIGNIFICANTLY REDUCED PARTICULATE STACK EMISSIONS. THE SITE WAS REFERRED TO EPA BY ATSDR AFTER ATSDR RECEIVED A LETTER OF INQUIRY FROM SENATOR DAVID BOREN. CURRENT DATA IN- DICATES THAT MOST OF THE ENVIRONMENTAL CONTAMINATION AT THE SITE IS DIRECTLY RELATED TO HISTORICAL SMELTING OPERATIONS FROM 1907 THROUGH 1976. AFTER DETAILED SOIL SAMPLING CONDUC- TED IN THE AREA, THE REGION IDENTIFIED AND REMEDIATED 29 HIGH ACCESS AREAS WITH CONTAMINATION ABOVE ACTION LEVELS FOR LEAD OR CADMIUM OR BOTH. THESE ACESS AREAS INCLUDED SCHOOLS, DAY-CARE CENTERS, AND RECREATIONAL FACILITIES. AFTER ADD- ITIONAL SAMPLING, THE REGION DETERMINED THAT A SIGNIFICANT NUMBER OF RESIDENTIAL YARDS MUST BE REMEDIATED. THE UAO RE- QUIRES THE PRPS TO ADDRESS YARDS WHERE SAMPLING INDICATES THAT LEAD IS PRESENT ABOVE 1500 PPM OR CADMIUM IS PRESENT ABOVE 90PPM. IT IS ESTIMATED THAT THIS WILL INVOLVE APPROX- IMATELY 1200 LOTS. ON FEBRUARY 2, 1994, AFTER AN UNSUCCESS- FUL ATTEMPT TO NEGOTIATE AN AGREEMENT ON CONSENT, REGION 6 ISSUED A UNILATERAL ADMINISTRATIVE ORDER FOR THE CONDUCT OF REMOVAL ACTIVITIES TO THE PRPS. THIS ORDER PERTAINS TO PROPERTY LOCATED APPROXIMATELY WITHIN A THREE MILE RADIUS OF THE ZINC CORPORATION OF AMERICA FAC- ILITY, LOCATED AT WEST 11TH AND HIGHWAY 123, IN BARTLESVILLE , OK. THIS AREA , IS KNOWN AS THE NATIONAL ZINC SITE (SITE). THIS ORDER REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL AC- TIONS TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THEATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE.

Defendants (4)

• CYPRUS AMAX MINERALS COMPANY
• KERRAMERICAN INC.
• NATIONAL ZINC SITENamed in complaint
• SALOMON, INC.

Facilities (1)

• ZINC CORPORATION OF AMERICA

  11TH ST. & HWY. 123, BARTLESVILLE, OK, 74003

  Registry ID: 110000598443

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1994-02-02Complaint Filed/Proposed Order
• 1994-02-02Final Order Issued
• 1994-05-05Enforcement Action Data Entered