EPA v. ODESSA DRUM SITE

Case summary

1. SECTION 122(G)(4) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( CER- CLA ) 42 U.S.C. SEC. 9622(G)(4). 2. ODESSA DRUM INC., SITE TRACT 1: NORTHEAST CORNER OF THE INTERSECTION OF ALICE AND JUDY STREETS. TRACT 2: EAST OF THE INTERSECTION OF ALICE AND JUDY STREETS ODESSA, TEXAS FACILITY I.D. NO. TXD008012254 3. EPA CONDUCTED A SITE ASSESSMENT AT THE SITE ON APR. 24- 27, 1990. DURING THE THE SITE ASSESSMENT, EPA REPS DIS- COVERED APPROXIMATELY 4,600 DRUM, 6 TANKS, AND OTHER STORAGE CONTAINERS CONTAINING LIQUIDS, AND SLUDGE WASTE MATERIALS CONTAINING HAZARDOUS SUBSTANCES, AS DEFINED IN SECTION 101(14) OF CERCLA ABANDONED ON THE SITE. ON AUG. 2, 1990, THE RA OF REGION 6 SIGNED AN ACTION MEMORANDUM DECLARING THAT CONDITIONS AT THE SITE CONSTITUTE AN IM- MINENT AND SUBSTANIAL ENDANGERMENT TO THE PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT. PURSUANT TO SECTION 104 OF CERCLA, ON AUG. 18, 1990, THE EPA CONDUCTED A REMOVAL ACTION. APPROXIMATELY 15,000 GALLONS OF HAZARDOUS SUB- STANCES WERE REMOVED FROM THE SITE AND DISPOSED OF AT OFF SITE DISPOSAL FACILITIES. IT IS ESTIMATED THAT OVER 100, 000 DRUMS REMAIN ON THE SITE AFTER EPA'S REMOVAL ACTION. DUE TO THE CONTINUED RELEASE OT THREATENED RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT, EPA INTENDS TO UNDERTAKE FUTURE RESPONSE ACTIONS AT THE SITE. THRU JAN. 31, 1994, EPA HAS INCURRED RESPONSE COSTS AT OR IN CON- NECTION WITH THE SITE IN THE AMOUNT OF $2,440,025. EPA ESTIMATES THAT IT WILL INCUR $4,623,964 IN RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE IN CONDUCTING FUTURE RESPONSE ACTIONS. INFORMATION CURRENTLY KNOWN TO EPA INDICATES THAT EACH RESPONDENT LISTED IN THIS CONSENT ORDER, ARRANGED FOR DISPOSAL OR TREATMENT, OR ARRANGED WITH A TRANSPORTER FOR TRANSPORT FOR DISPOSAL OR TREATMENT AT THE SITE, OF A HAZARDOUS SUBSTANCES OWNED OR POSSESSED BY SUCH RESPOND- ENT. PAYMENTS REQUIRED TO BE MADE BY EACH RESPONDENT PURSUANT TO THIS CONSENT ORDER ARE A MINOR PORTION OF THE TOTAL RESPONSE COSTS AT THE SITE WHICH, BASED UPON CURRENTLY A- VAILABLE INFORMATION, EPA ESTIMATES WILL BE $7,063,989. EPA HAS IDENTIFIED PERSONS OTHER THAN THE RESPONDENTS TO THIS CONSENT ORDER WHO OWNED OR OPERATED THE SITE, OR WHO ARRANGED FOR DISPOSAL OR TREATMENT, OR WHO ARRANGED FOR TRANSPORT FOR DISPOSAL OR TREATMENT AT THE SITE, OF A HAZARDOUS SUBSTANCE OWNED OR POSSESSED BY SUCH PERSON. EPA HAS CONSIDERED THE NATURE OF ITS CASE AGAINST THESE PARTIES IN EVALUTING THE SETTLEMENT EMBODIED IN THIS CON- SENT ORDER. 4. RELIEF SOUGHT PURSUANT TO SECTION 122(G)(1) OF CERCLA, IT IS AGREED AND ORDERED EACH RESPONDENT SHALL PAY TO THE HAZARDOUS SUBSTANCE SUPERFUND EITHER ONE OF TWO BASE A- MOUNTS SET FORTH IN THIS CONSENT ORDER, EACH RESPONDENT SHALL REMIT PAYMENT OF THEIR SETTLEMENT AMOUNT NOT LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CONSENT OR- DER, AND THAT THE SETTLEMENT AMOUNT TO BE PAID BY EACH RESPONDENT REPRESENTS EACH RESPONDENT'S SHARE OF THE RE- SPONSE COSTS INCURRED BY EPA THRU JAN. 31, 1994, AND EACH RESPONDENT'S SHARE OF THE PROJECTED COSTS OF FUTURE RE- SPONSE ACTIONS, INCLUDING COST OVERRUNS.

Defendants (129)

• WEST TEXAS GAS, INC.Named in complaintNamed in settlement
• ARCONamed in complaintNamed in settlement
• CHAMPION TECHNOLOGIES, INC.Named in complaintNamed in settlement
• MARATHON OIL COMPANYNamed in complaintNamed in settlement
• MIDLAND, CITY OFNamed in complaintNamed in settlement
• BIG LAKE ENER-CHEM, INC.Named in complaintNamed in settlement
• BIG THREE INDUSTRIAL (AIR LIQUIDE)Named in complaintNamed in settlement
• BJ SERVICES COMPANYNamed in complaintNamed in settlement
• BUCKMAN LABORATORIES, INC.Named in complaintNamed in settlement
• ODESSA AMERICAN, THENamed in complaintNamed in settlement
• ORKEY OIL CO., INC.Named in complaintNamed in settlement
• OXY NGL, INC.Named in complaintNamed in settlement
• PANTHER INDUSTRIES, INC.Named in complaintNamed in settlement
• PARKEM INDUSTRIALNamed in complaintNamed in settlement
• C.N.C. WEST, INC.Named in complaintNamed in settlement
• CALGON CORPORATIONNamed in complaintNamed in settlement
• CHEM TECH SERVICES, INC.Named in complaintNamed in settlement
• CHEMCENTRAL CORPORATIONNamed in complaintNamed in settlement
• CHEMLINKNamed in complaintNamed in settlement
• CHEMRON, INCORPORATEDNamed in complaintNamed in settlement
• CHEVRON U.S.A.Named in complaintNamed in settlement
• CITY OF MIDLANDNamed in complaintNamed in settlement
• CJ WARDNamed in complaintNamed in settlement
• CONOCONamed in complaintNamed in settlement
• CONTINENTAL PRODUCTSNamed in complaintNamed in settlement
• …and 104 more

Facilities (1)

• ODESSA DRUM COMPANY INC

  2214 ALICE, ODESSA, TX, 79762

  Registry ID: 110005035737

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• ODESSA DRUM SITE - CERCLA 6-12-97entered 1998-05-17

  Primary law: CERCLA

• ODESSA DRUM SITEentered 1994-10-31

  Primary law: CERCLA

Timeline (3 milestones)

• 1994-10-31Complaint Filed/Proposed Order
• 1995-02-15Enforcement Action Data Entered
• 1998-05-17Final Order Issued