EPA v. LEY ROAD DRUM SITE (CASCO LANDFILL)

Case summary

1. SECTION 104, 106(A), AND 122 OF THE COMPRENHENSIVE EN- VIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, 42 SECS. 9604, 9606(A), AND 122. 2. LEY ROAD DRUM SITE AND CASCO LANDFILL SITE: LEY ROAD DRUM SITE 8303 LEY ROAD HOUSTON, TEXAS CASCO LANDFILL SITE 1306 EAST ANDERSON HOUSTON, TEXAS 3. THE CITY OF HOUSTON IS LIABLE UNDER SECTION 107(A) OF CERCLA, 42 U.S.C. SEC. 9607(A) BECAUSE RESPONDENT, CITY OF HOUSTON, IN CONNECTION WITH A CONTRACTUAL RELATIONSHIP EXISTING DIRECTLY WITH CANADA TRACTOR WORKS, INC., ACTED AS THE OPERATOR OF THE LEY ROAD FACILITY AT THE TIME OF DISPOSAL OF HAZARDOUS SUBSTANCES AT THE LEY ROAD FACILITY AS DEFINED BY SECTION 101(20) OF CERCLA, AND WITHIN THE MEANING OF SECTION 107(A)(2) OF CERCLA, RESPONDENT IN CONNECTION WITH A CONTRACT WITH CANADA TRACTOR ARRANGED FOR DISPOSAL OR TREATMENT, OR ARRANGED WITH A TRANSPORTER FOR TRANSPORT FOR DISPOSAL OR TREATMENT OF HAZARDOUS SUB- STANCES AT THE CASCO LANDFILL FACILITY, WITHIN THE MEAN- ING OF SECTION 107(A)(3), THE CONDITION DESCRIBED CONSTI- TUTES AN ACTUAL OR THREATENED RELEASE INTO THE ENVI- RONMENT OF A HAZARDOUS SUBSTANCE FROM THE FACILITY AS DEFINED BY SECTION 101(8) AND (22) OF CERCLA AND THE CON- DITIONS PRESENT AT LEY ROAD AND CASCO LANDFILL CONSTITU- TES A THREAT TO THE PUBLIC HEALTH, WELFARE, OR THE ENVI- RONMENT BASED UPON THE FACTORS SET FORTH IN SECTION 300. 415(B) OF THE NATIONAL CONTINGENCY PLAN (NCP), 40 C.F.R. SEC. 300.415(B)(2). 4. RELIEF SOUGHT PURSUANT TO SECTION 106 OF CERCLA, AN AD- MINISTRATIVE ORDER ON CONSENT IS PROPOSED WHICH ORDERS THE RESPONDENT TO PERFORM REMOVAL ACTION AT THE SITE.

Defendants (1)

• LEY ROAD DRUM SITE (CASCO LANDFILL)Named in complaint

Facilities (1)

• FLANIGAN-LEY ROAD DRUM SITE

  8303 LEY RD, HOUSTON, TX, 77028

  Registry ID: 110005014894

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)

Timeline (2 milestones)

• 1994-04-24Enforcement Action Data Entered
• 1994-06-08Final Order Issued