EPA v. HI-YIELD SITE

Case summary

1. SECTIONS 104, 106(A), 107 AND 122 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 42 U.S.C. SECS. 9604, 9606(A), 9607 AND 9622, AS AMENDED ( CERCLA ). 2. HI-YIELD SITE COMMERCE, HUNT COUNTY, TEXAS 1. VOULUNTARY PURCHASING GROUPS, INC. 2. BONNY CORPORATION 3. MERIDIAN HOUSING CO., INC. F/K/A UNIVERSAL CHEMICAL COMPANY 4. H. LEE CAIN AND BETTY JEAN CAIN 5. SUMMIT FURNITURE INDUSTRIES, INC. F/K/A WOOD DESIGNS, INC. 6. FURNITURE CRAFTERS, INC. F/K/A ROL CORPORATION 3. THE HI-YIELD PLANT BEGAN OPERATIONS IN THE 1950S MANUFAC- TURING, PACKAGING AND DISTRIBUTING INSECTICIDES AND HERB- ICIDES, INCLUDING THE ARSENIC-BASED HERBICIDE MONOSODIUM METHANE ARSENATE. THE PLANT CEASED OPERATIONS IN 1972. RELEASES OF ARSENIC FROM THE FORMER FACILITY HAVE RESULT- ED IN ELEVATED LEVELS OF ARSENIC AT THE FORMER PLANT SITE, SAYLE CREEK, AND IN THE SURRONDING RESIDENTIAL AREAS OF THE NORRIS COMMUNITY. THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TRNCC) MADE A FORMAL REQUEST FOR EPA ASSISTANCE AT THE SITE INA LETTER TO THE REGIONAL ADMINISTRATOR DATED OCT. 31, 1994. TRNCC HAS BEEN CONDUCTING A STATE SUPERFUND RE- SPONSE EFFORT AT THE SITE FOR SEVERAL YEARS, BUT DID NOT HAVE SUFFICIENT FUNDS TO PERFORM ALL NECESSARY RESPONSE WORK. THE SITE INVOLVES ENVIRONMENTAL JUSTICE ISSUES. EPA HAS DETERMINED THAT THE CONDITIONS PRESENT AT THE SITE CONSTITUTE A THREAT TO PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT BASED UPON FACTORS SET FORTH IN SECTION 300.415(B)(2) OF THE NCP. THE INFORMATION AVAILABLE TO THE EPA AT THE TIME OF IS- SUANCE OF THIS ORDER INDICATES THAT THE REMOVAL ACTION REQUIRED IN THIS ORDER WILL BE DONE PROPERLY AND PROMPTLY BY THE RESPONSIBLE PARTIES WHO HAVE AGREED TO THIS OR- DER. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104, 106(A), 107 AND 122 OF CERCLA, AN ADMINISTRATIVE ORDER ON CONSENT FOR RE- MOVAL ACTION IS ISSUED TO THE POTENTIALLY RESPONSIBLE PARTIES. THE ORDER REQUIRES THAT THE PRPS WILL COMPLY WITH THE FOLLOWING PROVISIONS: 1) DESIGNATION OF CONTRAC- TOR, PROJECT COORDINATOR, AND ON-SCENE COORDINATOR, 2) WORK TO BE PERFORMED (WORK PLAN FOR REMOVAL ACTION AND IMPLEMENTATION), 3) WORK PLAN FOR SAYLE CREEK SAMPLING AND IMPLEMENTATION, 4) WORK PLAN FOR HI-YIELD PLANT SITE SAMPLING AND IMPLEMENTATION, 5) REVIEW OF SUBMITTALS, 6) HEALTH AND SAFETY PLAN, 7) QUALITY ASSURANCE AND SAMP- LING, 8) POST-REMOVAL SITE CONTROL, 9) FINAL REPORTS, AND 10) ACCESS TO PROPERTY AND INFORMATION. ALSO, WITHIN 180 DAYS AFTER NOTICE OF COMPLETION OF THE RESPONSE ACTION, EPA WILL SUBMIT TO THE RESPONDENTS A DEMAND FOR ALL OVER- SIGHT COSTS INCURRED BY THE U.S. WITH RESPECT TO THIS OR- DER. 5. FACILITY ID NO. TX0001000389.

Defendants (7)

• VOLUNTARY PURCHASING GROUPS, INC.
• BONNY CORPORATION
• FURNITURE CRAFTERS, INC. F/K/A ROL CORP.
• H. LEE CAIN AND BETTY JEAN CAIN
• HI-YIELD SITENamed in complaint
• MERIDIAN HOUSING CO., INC._F/K/A UNIVER
• SUMMIT FURNITURE INDUSTRIES, INC. F/K/A

Facilities (1)

• HI-YIELD RESIDENTIAL AREA

  BUFFINGTON & ROSS, ETAL, COMMERCE, TX, 75428

  Registry ID: 110009320902

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 107 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (2 milestones)

• 1994-10-31Enforcement Action Data Entered
• 1995-04-13Final Order Issued