EPA v. TIGER MARINE SHIPYARD SITE

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPON- SE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SEC. 9606(A). 2. TIGER SHIPYARD, INC. 5780 NORTH RIVER ROAD PORT ALLEN, WEST BATON ROUGE PARISH, LOUISIANA 3. RESPONDENT VIOLATED SECTION 106(A) OF CERCLA BY ILLEGALLY DUMPING NUMEROUS DRUM CONTAINING BENZENE, CAUSTIC SODA, GLYCOL, JET FUEL, TOLUENE, STYRENE AND OTHER WASTES IN VARIOUS LOCATIONS WITHIN THE MISSISSIPPI RIVER IN THE VI- CINITY OF THE DOCKS, PIERS AND BARGES OF THE TIGER SHIP- YARD FACILITY. ON JUL. 27, 1994, EPA REGION 6 EMERGENCY RESPONSE BRANCH (ERB) CONDUCTED AN INVESTIGATION AT THE SITE. SIDE SCAN SONAR, VECTOR SONAR AND RECORDING EQUIPMENT HELPED IDENT- IFY APPROXIMATELY 23 HARD TARGETS AND TWO HARD TARGET AREAS IN THE MISSISSIPPI RIVER ADJACENT TO THE FACILITY, INCLUDING IN AND AROUND THE PIERS AND DOCKS ADJACENT TO THE FACILITY. THE TWO HARD TARGET ARES MAY INDICATE THE PRESENCE OF GROUPS OR PILES OF DRUMS IN THE RIVER.THESE HARD TARGETS AND AREA ARE IN PLACED IN BARRELS ALONG WITH RUST AND SCALE FROM BARGE CLEANING OPERATIONS AND DIS- POSED OF BY DUMPING THE DRUMS INTO THE RIVER FROM THE TI- GER BARGES. PUBLIC WATER INTAKES ARE LOCATED ALONG THE MISSISSIPPI RIVER IN LOCATIONS THAT ARE DOWNSTREAM FROM THE TIGER FA- CILITY. THE CONDITIONS DESCRIBED CONSTITUTE AN ACTUAL OR THREAT- ENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE FACILITY, AND CONSTITUTE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT. 4. RELIEF SOUGHT PURSUANT TO SECTION 106(A) OF CERCLA, A UN- ILATERAL ADMINISTRATIVE ORDER FOR REMOVAL RESPONSE ACTI- VITIES IS ISSUED BY EPA ORDERING THE RESPONDENT TO COMPLY WITH ALL PROVISIONS, INCLUDING BUT NOT LIMITED TO ALL AT- TACHMENTS OF THIS ORDER, ALL DOCUMENTS INCORPORATED BY REFERENCE IN THIS ORDER, AND ALL SCHEDULES AND DEADLINES IN THE ORDER AND TO PERFORM THE FOLLOWING ACTIONS: 1) NOTICE OF INTENT TO COMPLY, 2) DESIGNATION OF CONTRACTOR, PROJECT COORDINATOR, AND ON SCENE COORDINATOR, 3) WORK PLAN AND IMPLEMENTATION, 4) HEALTH AND SAFETY PLAN, 5) RECOVERY AND DISPOSAL PLAN AND IMPLEMENTATION, 6) QUALITY ASSURANCE AND SAMPLING, 7) REPORTING, 8) FINAL REPORT, 9) ACCESS TO PROPERTY AND INFORMATION, 10) RECORD RETENTION, DOCUMENTATION, AVAILABILITY OF IN- FORMATION, 11) OFF-SITE SHIPMENTS, 12) COMPLIANCE WITH OTHER LAWS, AND 13) EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES. VIOLATION OF ANY OF THESE PROVISIONS OF THE ORDER MAY SUBJECT THE RESPONDENT TO CIVIL PENALTIES OF UP TO $25, 000.00 PER VIOLATION PER DAY. ALSO, THE RESPONDENT SHALL REIMBURSE EPA, UPON WRITTEN DEMAND, FOR ALL RESPONSE COSTS INCURRED BY THE U.S. IN OVERSEEING RESPONDENT'S IMPLEMENTATION OF THE REQUIRE- MENTS OF THE ORDER.

Defendants (1)

• TIGER SHIPYARD, INC.Named in complaint

Facilities (1)

• TIGER MARINE

  FORT OF RIVERVIEW DR., P.O. BOX 770, PORT ALLEN, LA, 70767

  Registry ID: 110009336432

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1995-03-15Enforcement Action Data Entered
• 1995-03-15Complaint Filed/Proposed Order
• 1995-03-15Final Order Issued