EPA v. LITHIUM OF LUBBOCK

Case summary

1. SECTION 122(H) OF THE COMPREHENSIVE ENVIRONMENTAL RESPON- SE, COMPENSATION, AND LIABILITY ACT OF 1980 ( CERCLA ), 42 U.S.C. SEC. 9622(H). 2. LITHIUM OF LUBBOCK SITE 2301 AVENUE C LUBBOCK, TEXAS 3. THE SITE CONSISTS OF A WAREHOUSE STRUCTURE IN WHICH BAT- TERIES AND WASTE WERE ABANDONED. THE ABANDONED BATTERIES AND WASTE CONTAINED HAZARDOUS SUBSTANCES. EPA FOUND THAT THERE HAD BEEN A RELEASE OR THREAT OF RELEASE OF HAZARD- OUS SUBSTANCES INTO THE ENVIRONMENT FROM THE SITE. EPA CONDUCTED A RESPONSE ACTION FROM JUNE UNTIL NOV. OF 1992, WHICH CONSISTED OF SITE STABILIZATION, PACKING LITHIUM BATTERIES IN OIL, SAMPLING OF WASTE MATERIALS, REMOVAL AND DISPOSAL OF HAZARDOUS SUBSTANCES, AND DECON- TAMINATION OF THE SITE. THE RESPONSE ACTION COST EPA $636,177.72. 4. RELIEF SOUGHT PURSUANT TO SECTION 107(A) OF CERCLA, EPA IS AUTHORIZED TO RECOVER, FROM POTENTIALLY RESPONSIBLE PARTIES, THE COSTS IT HAS INCURRED IN CONDUCTING A RE- SPONSE ACTION. THE EPA, SETTLING FEDERAL AGENCIES (SFAS) AND THE POTENTIALLY RESPONSIBLE PARTIES (PRPS) HAVE A- GREED TO SETTLE CLAIMS ARISING FROM THE SFAS PRPS IN- VOLVEMENT WITH THE SITE WITHOUT LITIGATION AND WITHOUT THE ADMISSION OR ADJUDICATION OF ANY ISSUE OF FACT OR LAW. THEREFORE THE PRPS HAVE AGREED TO AN ADMINISTRATIVE ORDER OF CONSENT. THE PAST RESPONSE COSTS SHALL MEAN ALL COSTS INCURRED BY EPA AND DOJ ON EPA'S BEHALF, DIRECT OR INDIRECT. THE PRPS HAVE AGREED TO PAY A TOTAL OF $98,839. 87 AND THE U.S. WILL PAY $496,461.19 ON BEHALF OF THE SFAS. 5. THE ADMINISTRATIVE ORDER OF CONSENT WAS REFERRED TO DOJ FOR APPROVAL ON OCT. 31, 1994.

Defendants (7)

• LITHIUM OF LUBBOCKNamed in complaintNamed in settlement
• U.S. COAST GUARD
• WEST TEXAS WAREHOUSE
• ALTUS CORPORATION
• BURLINGTON NORTHERN RAILROAD
• CALIFORNIA INSTITUTE OF TECHNOLOGY
• DEFENSE REUTILIZATION AND MARKETING SERV

Facilities (1)

• LITHIUM OF LUBBOCK

  23RD & AVE C, LUBBOCK, TX, 79404

  Registry ID: 110010721923

Statutes cited

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

Enforcement conclusions (1)

• LITHIUM OF LUBBOCKentered 1995-06-17

  Primary law: CERCLA

Timeline (3 milestones)

• 1995-05-17Enforcement Action Data Entered
• 1995-05-17Complaint Filed/Proposed Order
• 1995-06-17Final Order Issued