EPA v. CREWS PLATING SITE

Case summary

1. SECTIONS 104(A), 106(A) AND 107(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SEC. 9604(A), 9606(A) AND 9607(A). 2. CREWS PLATING SITE DOYLE CREWS KENT MCNAIR 2530 MERRELL ROAD DALLAS, DALLAS COUNTY, TEXAS 3. ON SEPT. 23, 1993, THE SITE WAS INVESTIGATED BY EPA OSC AND REPRESENTATIVES OF THE TNRCC AND THE CITY OF DALLAS. DUE TO THE STATE OF THE FACILITY, WITH WASTES ON THE FLOOR WITH A PH OF 14, THE POOR CONDITION OF THE BUILDING STRUCTURE, THE FORECAST PRECIPITATION, AND THE LIKELIHOOD OF OFFSITE MIGRATION OF THE WASTES, THE OSC REQUESTED AND RECEIVED VERBAL AUTHORITY TO CONDUCT A CLASSIC EMERGENCY REMOVAL ACTION AT THE SITE. ON SEPT. 24, 1993, THE INITIAL REMOVAL ACTION BEGAN. THAT ACTION CONSISTED OF REMOVING AND PLACING INTO DRUMS AP- PROXIMATELY 75 GALLONS OF PLATING WASTES THAT HAD BEEN OBSERVED BEING DISCHARGED INTO A DITCH ON THE EAST SIDE OF THE FACILITY. ADDITIONALLY, AN EARTHEN BERN LINED WITH PLASTIC SHEETING WAS CONSTRUCTED AROUND THE INTERIOR OF THE BUILDING TO TEMPORARILY CONTAIN AND PREVENT THE OFF- SITE MIGRATION OF WASTES SHOULD THERE BE ANY IMMEDIATE LIGHT PRECIPITATION. DOYLE CREWS AND KENT MCNAIR PLED GUILTY IN U.S. DISTRICT COURT TO VIOLATIONS OF SECTION 309(C)(2)(A) OF THE CWA. THE TWO WERE SENTENCED ON AUG. 4, 1994, TO FIVE YEARS PROBATION AND ARE REQUIRED TO PAY THE TOTAL COST OF CLEANUP FOR THE HAZARDOUS WASTE SITE. ON SEPT. 5, 1994, THE OSC AND A MEMBER OF THE EPA TAT CONDUCTED A SITE VISIT. DURING THAT VISIT, THOSE PERSONS OBSERVED THAT THERE WERE TWO VATS AND SEVERAL DRUMS RE- MAINING IN THE FACILITY MAIN PROCESS AREA AS WELL AS PLATING LIQUIDS ON THE FLOOR IN THE AREA BERMED DURING THE PREVIOUS REMOVAL ACTION. THE TEMPORARY BERMS HAD BEEN BREACHED IN SEVERAL AREAS AND PLATING WASTES WERE BEING WASHED INTO NEARBY SOILS OUTSIDE THE BUILDING. IN THE WASTEWATER PRETREATMENT AREA, THREE VATS, TWO OF WHICH CONTAIN POSSIBLE PLATING WASTE, REMAIN. ALSO LOCATED IN THE WASTEWATER PRETREATMENT AREA IS AN IN-GROUND CONCRETE TANK WITH CAUSTIC LIQUID AND SLUDGE. A SECOND EMERGENCY STABILIZATION WAS PERFORMED AT THE SITE ON APR. 21, 1995, DUE TO UNAUTHORIZED AND RECKLESS ENTRY ONTO THE SITE. THE ACTUAL OT THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE SITE MAY PRESENT AN IMMINENT AND SUBSTANIAL EN- DANGERMENT TO THE PUBLIC HEALTH, WELFARE, OR THE ENVIRON- MENT WITHIN THE MEANING OF SECTION 106(A) OF CERCLA. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104(A), 106(A) AND 107 (A) OF CERCLA, A UNILATERAL ADMININSTRATIVE ORDER FOR RE- MOVAL RESPONSE ACTIVITIES IS ISSUED TO THE RESPONDENTS. THE REMOVAL ACTIONS REQUIRED BY THIS ORDER ARE NECESSARY TO PROTECT THE PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT. THE ORDER REQUIRES THE RESPONDENTS TO 1) DESIGNATE A CON- TRACTOR, PROJECT COORDINATOR, AND ON-SCENE COORDINATOR, 2) DEVELOP A WORK PLAN AND IMPLEMENTATION FOR REMOVAL AC- TION AT THE SITE, 3) HEALTH AND SAFETY PLANS, 4) PERFORM QUALITY ASSURANCE AND SAMPLING, 5) POST-REMOVAL SITE CON- TROL, 6) REPORTING PROGRESS, 7) AND A FINAL REPORT WITHIN 45 DAYS AFTER COMPLETION OF ALL REMOVAL ACTIONS REQUIRED BY THIS ORDER.

Defendants (3)

• CREWS PLATING SITENamed in complaint
• CREWS, DOYLE
• MCNAIR, KENT

Facilities (1)

• CREWS PLATING INC

  2530 MERRELL RD, DALLAS, TX, 75229

  Registry ID: 110005087226

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104E5A — Superfund

Timeline (3 milestones)

• 1995-07-31Enforcement Action Data Entered
• 1995-07-31Complaint Filed/Proposed Order
• 1995-07-31Final Order Issued