EPA v. BAYOU BONFOUCA SUPERFUND SITE

Case summary

1. SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SEC. 9607, AND SECTION 113(G)(2) OF CERCLA, 42 U.S.C. SEC. 9613(G)(2). 2. BAYOU BONFOUCA SUPERFUND SITE SECTION 10, T9S, R14E, SW OF THE INTERSECTION OF WEST HALL AVENUE AND BAYOU LANE SLIDELL, ST. TAMMANY PARISH, LOUISIANA 3. THE BAYOU BONFOUCA SUPERFUND SITE ( SITE ) IS AN ABANDON- ED WOOD TREATING FACILITY ON THE BANKS OF BAYOU BONFOUCA THAT BEGAN OPERATIONS IN 1879 IN SLIDELL, LA., LOCATED ON THE NORTH EDGE OF LAKE PONTCHARTRAIN, OPPOSITE THE CITY OF NEW ORLEANS. OPERATIONS AT THE FACILITY CONTINUED, WITH A BRIEF PERIOD OF CLOSURE IN THE LATE 19TH CENTURY, UNTIL 1972. WHILE THE FACILITY WAS BEING DISMANTLED IN 1972 A FIRE OCCURRED THAT HAS BEEN ERRONEOUSLY CREDITED WITH CAUSING AN EXTENSIVE CREOSOTE SPILL INTO BAYOU BON- FOUCA WHEN A HOLDING TANK ALLEGEDLY RUPTURED. ALTHOUGH EVIDENCE EXISTS THAT A CREOSOTE RELEASE DID IN FACT OCCUR WHEN THE TANK RUPTURED, THE ANECDOTAL EVIDENCE ATTRIBUT- ING A LARGE PORTION OF EXISTING CONTAMINATION TO THAT FIRE HAS NOT BEEN VERIFIED. THE 55-ACRE SITE IS COMPRISED OF SEVERAL PARCELS THAT WERE OF A LARGE TRACT OF LAND CONVEYED BY THE U.S. TO PIERRE ROBERT IN 1853. 1893, THE SITE WAS ACQUIRED FROM SUBSEQUENT PURCHASERS BY H. H. HALL, WHO DIVIDED THE SITE INTO FOUR PARCELS AND SOLD THEM AT DIFFERENT TIMES TO OTHER INDIVIDUALS. THE FOUR PARCELS CAME TOGETHER AGAIN UNDER THE OWNERSHIP OF THE SOUTHERN CREOSOTING COMPANY, THROUGH A SERIES OF TRANSACTIONS FROM 1902 TO 1916. FROM THAT TIME FORWARD (WITH EXCEPTIONS OF A GRANT TO THE CITY OF SLIDELL AND OF NUMEROUS EASEMENTS), THE FOUR PARCELS WERE CONVEYED AS A WHOLE. SUBSEQUENTLY, THE SITE WAS CON- VEYED BY THE SOUTHERN CREOSOTING CO. TO THE HATTIESBURG CREOSOTING COMPANY (BECAME GULF STATES CREOSOTING CO. OF MISSISSIPPI). THEN THE SITE WAS CONVEYED TO THE GULF STATES CREOSOTING CO. OF DELAWARE; THENCE TO AMERICAN CREOSOTING WORKS OF TEXAS, AND FINALLY , TO THE BRASELMAN CORP. ABOUT THE TIME OF THE 1972 FIRE AT THE SITE, PUBLIC CON- CERN OVER THE CONDITION OF BAYOU BONFOUCA ATTRIBUTABLE TO THE SITE AROSE, WHICH PROMPTED THE U.S. COAST GUARD TO BEGIN CURSORY INVESTIGATIONS OF THE BAYOU IN 1976. ALSO DURING THAT TIME, A SUPPLEMENTAL STUDY OF THE BAYOU CON- DUCTED BY EPA, THE COAST GUARD, AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, IDENTIFIED SUBSTANTIAL AREAS OF POLYNUCLEAR AROMATIC HYDROCARBON (PAH) (THE PRINCIPAL CONTAMINANT OF CONCERN FOUND IN CREOSOE) CON- TAMINATION, WHICH INCLUDED THE BOTTOM OF THE BAYOU AND THE UPPER GROUNDWATER ZONES THAT UNDERLIE THE SITE, AS WELL AS DRAINAGE AND ON-SITE AREAS. IN DEC. 1982, EPA PLACED THE SITE ON THE NATIONAL PRIOR- ITIES LIST (NPL), AND IN LATE 1983, EPA INITIATED THE PREPARATION OF A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS). IN LATE 1984, EPA DETERMINED THE NEED FOR AN OP- ERABLE UNIT APPROACH TO THE SITE, AND SURFICIAL CONTAMIN- ATION BECAME THE SUBJECT OF A FOCUSED FS, WHICH WAS COM- PLETED IN MAY 1985. ON AUG. 15, 1985, EPA EXECUTED A RE- CORD OF DECISION (ROD) THAT SELECTED A REMEDY THAT IN- CLUDED THE EXCAVATION, OFF-SITE TRANSPORTATION AND DISPO- SAL OF CREOSOTE WASTE AND THE UPPER 6 INCHES OF CONTAM- INATED SOIL BENEATH THE SEVEN ON-SITE CREOSOTEWASTE PIPES AND THE EXTRACTION AND OFF-SITE DISPOSAL OF CONTAMINATED GROUNDWATER, AS WELL AS ADDITIONAL INVESTIGATIONS TO DE- TERMINE THE EXTENT OF CONTAMINATION TO BE TREATED IN A SECOND REMEDIAL ACTION. HOWEVER,

Defendants (7)

• ALABAMA GREAT SOUTHERN RAILROAD COMPANYNamed in complaint
• AMERICAN CREOSOTE WORKS, INC.Named in complaint
• AMERICAN FLEMING INVESTMENT TRUSTNamed in complaintNamed in settlement
• BRASELMAN CORPORATIONNamed in complaint
• KERR-MCGEE CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• MR. SHIRLEY BRASELMANNamed in complaint
• UNION CAMP CORPORATIONNamed in complaint

Facilities (1)

• BAYOU BONFOUCA SUPERFUND SITE

  425 W HALL AVE, SLIDELL, LA, 70458

  Registry ID: 110003286792

Statutes cited

• CERCLA 113G2 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• KERR-MCGEE CHEMICAL CORPORATIONentered 1997-05-30

  Primary law: CERCLA

• FLEMING AMERICAN INVESTMENT TRUSTentered 1997-07-31

  Primary law: CERCLA

Timeline (5 milestones)

• 1993-07-15Enforcement Action Data Entered
• 1995-06-30Referred To Dept Of Justice
• 1996-03-11Complaint Filed With Court
• 1997-06-30Final Order Lodged
• 1997-07-31Final Order Entered