EPA v. TEXAS DEPARTMENT OF TRANSPORTATION

Case summary

1. SECTION 104(E) OF THE COMPREHENSIVE ENVIRONMENTAL RESPON- SE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SEC. 9604(E). 2. TEXAS DEPARTMENT OF TRANSPORTATION COUNTY OF DALLAS RSR CORP. SUPERFUND SITE OU NO. 3 DALLAS, TEXAS 3. REGION 6 ON JAN. 26, 1995 ISSUED AN ADMINISTRATIVE ORDER FOR ACCESS PURSUANT TO SECTION 104(E) OF CERCLA TO GAIN ACCESS TO PROPERTY LOCATED AT OPERABLE UNIT NO. 3 ( OU ) OF THE RSR CORP. SUPERFUND SITE ( RSR SITE ) LOCATED IN DALLAS, TEXAS. IMMEDIATE ACCESS IS NEEDED IN ORDER TO CONDUCT A REMEDIAL INVESTIGATION AT OU NO. 3. EPA ISSUED THE AO TO THE TX. DEPT. OF TRANSPORTATION AND THE COUNTY OF DALLAS AND PROVIDED EACH RESPONDENT FIVE DAYS FROM RECEIPT OF THE AO TO NOTIFY THE REGION WHETHER IT INTENDED TO COMPLY. ON FEB. 2, 1995 THE COUNTY OF DAL- LAS NOTIFIED REGION 6 TO THE EXTENT IT HAS AOTHORITY, IT INTENDS TO COMPLY WITH THE AO. HOWEVER, ON FEB. 7, 1995, AFTER BEING GRANTED A TWO DAY EXTENSION TO RESPOND BY EPA TXDOT NOTIFIED THE REGION THAT IT WOULD NOT COMPLY WITH THE AO AND WOULD INSTEAD SEEK APPROPRIATE RELIEF IN THE FEDERAL COURT SOMETIME LATER THIS WEEK. 4. RELIEF SOUGHT PURSUANT TO SECTION 104(E) OF CERCLA, REG- ION 6 RESPECTFULLY REQUESTS IMMEDIATE ASSISTANCE IN EN- FORCING THE AO SO THAT EPA CAN ACCESS THE PROPERTY IN QUESTION TO CONDUCT THE REMEDIAL INVESTIGATION. THE REG- ION HAS ALREADY DISCUSSED THIS MATTER WITH CARRICK BROOKE-DAVIDSON OF THE ENVIRONMENTAL ENFORCEMENT SECTION, AND HS HAS ASSIGNED RICHARD GLADSTEIN TO THE MATTER. EPA CONSIDERS ENTRY TO THE PROPERTY TO BE THE PRIMARY GOAL OF THIS ACTION, HOWEVER, THE IMPOSITION OF PENALTIES FOR NONCOMPLIANCE SHOULD BE SOUGHT IF WARRANTED. THE REGION HAS FORWARDED COPIES OF THE AOS AS WELL AS ALL SUPPORTING DOCUMENTATION, INCLUDING CORRESPONDENCE AND MEMORANDA TO THE FILE, UNDER SEPARATE COVER TO MR. GLAD- STEIN. THE OFFICE OF REGIONAL COUNSEL, COURTNEY JOHNSON, ASSISTANT REGION COUNSEL, (214) 665-8055, INTENDS TO PAR- TICIPATE IN THESE PROCEEDINGS, AND THE ATTORNEY ASSIGNED TO THIS CASE IS A MEMBER OF THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS. 5. BACKGROUND: THE RSR CORP. SUPERFUND SITE IS ALSO KNOWN AS THE WEST DALLAS LEAD SITE, IS THE LOCATION OF A FORMER SECONDARY LEAD SMELTER FACILITY IN WEST DALLAS, TEXAS. THE SMELTER WAS FORMERLY OWNED AND OPERATED BY RSR CORP. AND WAS SHUT DOWN IN 1984 DUE TO ZONING RESTRICTIONS AND CHANGES TO DALLAS CITY ORDINANCES. THE APPROXIMATELY 50 YEARS OF SMELTING OPERATIONS RESULTED IN THE CONTAMINATION OF AN AREA APPROXIMATELY 13. 6 SQUARE MILES IN SIZE (INCLUDING RESIDENTIAL, INDUSTRIAL AND COMMERCIAL AREAS) WITH LEAD AND OTHER HEAVY METALS. SPECIFICALLY, CONTAMINATION RESULTED FROM THE AIRBORNE DISPOSITION OF HAZARDOUS SUBSTANCES FROM THE SMELTER STACK, FROM THE USE OF LEAD SLAG, AND CONTAMINATED BAT- TERY CHIPS AS FILL MATERIAL IN RESIDENTIAL YARDS AND DRIVEWAYS AND FROM DISPOSAL OF SMELTER WASTE IN LANDFILLS AND OTHER DISPOSAL AREAS. BECAUSE OF THE LARGE SIZE OF THE RSR SITE AND THE DIFFERENT CHARACTERISTICS OF THE VARIOUS AREAS, THE RSR SITE HAS BEEN DIVIDED INTO FIVE OUS. EPA IS INVESTIGATING AND CLEANING UP EACH OU SEPARA- TELY. TXDOT OWNS OR CONTROLS PROPERTY LOCATED WITHIN RSR SITE OU NO. 3. OU NO. 3 IS MADE UP OF THREE SEPARATE AREAS (SITES 1, 3 AND 4), EACH A FORME

Defendants (1)

• TEXAS DEPARTMENT OF TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (1)

• MURMUR CORPORATION SITE 3

  2727 NORTH WESTMORELAND, DALLAS, TX, 75247

  Registry ID: 110000619616

Statutes cited

• CERCLA 104E5A — Superfund

Enforcement conclusions (1)

• TEXAS DEPARTMENT OF TRANSPORTATIONentered 1995-03-31

  Primary law: CERCLA

Timeline (7 milestones)

• 1995-02-07Enforcement Action Data Entered
• 1995-02-08Referred To Dept Of Justice
• 1995-03-13Complaint Filed With Court
• 1995-03-31Final Order Lodged
• 1995-03-31Final Order Entered
• 1995-03-31Concluded
• 1995-03-31Enforcement Action Closed