EPA v. TEXAS DEPARTMENT OF TRANSPORTATION

Case summary

1. SECTION 104(E)(5) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, 42 U.S. C. SEC. 9604(E)(5). 2. TEXAS DEPARTMENT OF TRANSPORTATION COUNTY OF TEXAS RSR CORPORATION SUPERFUND SITE NO. 3 DALLAS, TEXAS 3. ON JAN. 6, 1995, REGION 6 ISSUED AN ADMINISTRATIVE ORDER FOR ACCESS PURSUANT TO SECTION 104(E) OF CERCLA TO GAIN ACCESS TO PROPERTY LOCATED AT OPERABLE UNIT NO. 3 ( OU ) OF THE RSR CORP. SUPERFUND SITE ( RSR SITE ) LOCATED IN DALLAS, TEXAS. IMMEDIATE ACCESS IS NEEDED IN ORDER TO CONDUCT A REMEDIAL INVESTIGATION AT OU NO. 3. EPA ISSUED THE AO TO TXDOT AND THE COUNTY OF DALLAS AND PROVIDED EACH RESPONDENT FIVE DAYS FROM RECEIPT OF THE AO TO NOTIFY THE REGION WHETHER IT INTENDED TO COMPLY. ON FEB. 2, 1995 THE COUNTY OF DALLAS NOTIFIED REGION 6 TO THE EXTENT IT HAS AUTHORITY, IT INTENDS TO COMPLY WITH THE AO. HOWEVER, ON FEB. 7, 1995, AFTER BEING GRANTED A TWO DAY EXTENSION TO RESPOND BY EPA, TXDOT NOTIFIED THE REGION THAT IT WOULD NOT COMPLY WITH THE AO AND WOULD IN- STEAD SEK APPROPRIATE RELIEF IN THE FEDERAL COURT SOME- TIME LATER THIS WEEK. 4. RELIEF SOUGHT PURSUANT TO SECTION 104(E) OF CERCLA, REG- ION 6 RESPECTFULLY REQUESTS IMMEDIATE ASSISTANCE FROM DOJ IN ENFORCING THE AO SO THAT EPA CAN ACCESS THE PROPERTY IN QUESTION TO CONDUCT THE REMEDIAL INVESTIGATION. THE REGION HAS ALREADY DISCUSSED THIS MATTER WITH CARRICK BROOKE-DAVIDSON OF THE ENVIRONMENTAL ENFORCEMENT SECTION, AND HE HAS ASSIGNED RICHARD GLADSTEIN TO THE MATTER. EPA CONSIDERS ENTRY TO THE PROPERTY TO BE THE PRIMARY GOAL OF THIS ACTION, HOWEVER, THE IMPOSITION OF PENALTIES FOR NONCOMPLIANCE SHOULD BE SOUGHT IF WARRANTED. THE REGION HAS FORWARDED COPIES OF THE AOS AS WELL AS ALL SUPPORTING DOCUMENTATION, INCLUDING CORRESPONDENCE AND MEMORANDA TO THE FILE, UNDER SEPARATE COVER TO MR. GLAD- STEIN. THE OFFICE OF REGIONAL COUNSEL, COURTNEY JOHNSON, ASSISTANT REGIONAL COUNSEL, (214) 665-8055, INTENDS TO PARTICIPATE IN THESE PROCEEDINGS AND THE ATTORNEY ASSIGN- ED TO THIS CASE IS A MEMBER OF THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS. 5. BACKGROUND: THE RSR CORP. SUPERFUND SITE IS ALSO KNOWN AS THE WEST DALLAS LEAD SITE, IS THE LOCATION OF A FORMER SECONDARY LEAD SMELTER FACILITY IN WEST DALLAS, TEXAS. THE SMELTER WAS FORMERLY OWNED AND OPERATED BY RSR CORP. AND WAS SHUT DOWN IN 1984 DUE TO ZONING RESTRICTIONS AND CHANGES TO DALLAS CITY ORDINANCES. THE APPROXIMATELY 50 YEARS OF SMELTING OPERATIONS RESULTED IN THE CONTAMINATION OF AN AREA APPROXIMATELY 13.6 SQUARE MILES IN SIZE (INCLUDING RESIDENTIAL, INDUSTRIAL AND COMMERCIAL AREAS) WITH LEAD AND OTHER HEAVY METALS. SPECIFICALLY, CONTAMINATION RE- SULTED FROM THE AIRBORNE DISPOSITION OF HAZARDOUS SUB- STANCES FROM THE SMELTER STACK, FROM THE USE OF LEAD SLAG AND FROM CONTAMINATED BATTERY CHIPS AS FILL MATERIAL IN RESIDENTIAL YARDS AND DRIVEWAYS AND FROM DISPOSAL OF SMELTER WASTE IN LANDFILLS AND OTHER DISPOSAL AREAS. BE- CAUSE OF THE LARGE SIZE OF THE RSR SITE AND THE DIFFERENT CHARACTERISTICS OF THE VARIOUS AREAS, THE RSR SITE HAS BEEN DIVIDED INTO FIVE OUS. EPA IS INVESTIGATING AND CLEANING UP EACH OU SEPARATELY. TXDOT OWNS OR CONTROLS PROPERTY LOCATED WITHIN RSR SITE OU NO. 3. OU NO. 3 IS MADE UP OF THREE SEPARATE AREAS (SITES 1, 3 AND 4), EACH A FORMER LANDFILL OR DISPOSAL AREA WHERE RSR SMELTER WASTE WAS

Defendants (2)

• COUNTY OF DALLAS
• TEXAS DEPARTMENT OF TRANSPORTATIONNamed in complaint

Facilities (1)

• MURMUR CORPORATION SITE 3

  2727 NORTH WESTMORELAND, DALLAS, TX, 75247

  Registry ID: 110000619616

Statutes cited

• CERCLA 104E5A — Superfund

Timeline (5 milestones)

• 1995-03-31Enforcement Action Data Entered
• 1995-03-31Complaint Filed/Proposed Order
• 1995-03-31Final Order Issued
• 1995-03-31Compliance Achieved
• 1995-03-31Enforcement Action Closed