EPA v. CENTRAL WOOD PRESERVING SUPERFUND SITE

Case summary

1. SECTION 104(4)(5)(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 42 U.S.C. SEC. 9601 ET SEQ. ( CERCLA ). 2. CENTRAL WOOD PRESERVING SUPERFUND SITE (EAST FELICIANA PARISH POLICE JURY) ROUTE 1, BOX 95 SLAUGHTER, LOUISIANA 70777 3. SITE INFORMATION INDICATES THAT CENTRAL CREOSOTING CO., INC. OPERATED AS A WOOD CREOSOTING FACILITY FROM THE 1950S UNTIL 1973. THE INACTIVE AND ABANDONED WOOD TREAT- ING FACILITY CONSISTS OF SEVEN ABOVE GROUND STORAGE TANKS (THREE OF WHICH CURRENTLY CONTAIN PRODUCT), A DRY KILN BUILDING, THREE LARGE VACUUM PRESSURE VESSELS, A BOILER ADJACENT TO THE PROCESS AREA, AN OFFICE BUILDING, SEVERAL STORAGE SHEDS, AND A LUMBER BARN. UNDERNEATH THE THREE PRESSURE VESSELS THERE IS A LARGE CONTAINMENT BASIN THAT FILLS WITH RAINWATER AND OVERFLOWS TO A DRAINAGE PATH THAT FLOWS INTO AN UNNAMED CREEK. FROM THERE, THE CONTAMINATED WATER FLOWS INTO LITTLE SANDY CREEK, WHICH EVENTUALLY DISCHARGES INTO THE AMITE RIVER. SEVERAL OF THE TANKS THAT STORED EITHER CREOSOTE OR CCA HAVE VISIBLE SIGNS OF LEAKAGE/SPILLAGE, AND ARE RESPONS- IBLE FOR THE CONTAMINATION IN THE ADJACENT SOILS. THE PRIMARY CONTAMINANTS OF CONCERN AT THE SITE ARE COPPER, CHROMIUM AND ARSENIC. EPA BECAME INVOLVED WITH SITE AS A RESULT OF AN OFFICIAL REFERRAL FROM THE LOUISIANA DEPT. OF ENVIRONMENTAL QUAL- ITY (LDEQ). REPRESENTATIVES FROM EPA CONTACTED EFPJ AND REQUESTED AC- CESS BE GRANTED FOR THE CONDUCT OF A SITE INSPECTION AND A PROPOSED REMOVAL ACTION. THE REPRESENTATIVE OF EFPJ STATED THAT ACCESS TO THE SITE WOULD NOT BE GRANTED VOLUNTARILY OR BY CONSENT, UNLESS EPA PROVIDED A HOLD HARMLESS AGREEMENT TO THE EFPJ. EFPJ WAS NOTIFIED THAT EPA COULD NOT PROVIDE THE REQUESTED AS- SURANCES AND THAT REFUSAL TO GRANT ACCESS WITHOUT THE AS- SURANCES WOULD BE CONSIDERED A DENIAL OF ACCESS. 4. RELIEF SOUGHT PURSUANT TO SECTION 104(E)(5)(A) OF CERCLA, EPA ISSUED AN ADMINISTRATIVE ORDER ON CONSENT DIRECTING THE RESPONDENT TO UNDERTAKE ACTION TO PROTECT THE PUBLIC HEALTH OR WELFARE FROM THE THREAT OF RELEASE OF HAZARDOUS SUBSTANCES OR POLLUTANTS OR CONTAMINANTS, AND SPECIFICAL- LY REQUIRES THE RESPONDENT TO GRANT EPA ACCESS TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING SITE REMOVAL RE- SPONSE ACTIONS. THE REMOVAL RESPONSE ACTIONS INCLUDE A TIME-CRITICAL REMOVAL ACTION AND A SITE INSPECTION TO DE- VELOP A HAZARD RANKING SYSTEM (HRS) SCORE.

Defendants (1)

• CENTRAL WOOD PRESERVING SUPERFUND SITENamed in complaint

Facilities (1)

• CENTRAL WOOD PRESERVING COMPANY

  HIGHWAY 959 OFF PLANK ROAD, SLAUGHTER, LA, 70777

  Registry ID: 110009260520

Statutes cited

• CERCLA 104E5A — Superfund

Timeline (3 milestones)

• 1995-04-18Complaint Filed/Proposed Order
• 1995-04-18Final Order Issued
• 1995-04-19Enforcement Action Data Entered