EPA v. ELLIOTT'S AUTO PARTS SITE

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), AS A- MENDED, 42 U.S.C. SEC. 9606(A), SECTION 104(A) OF CERCLA, 42 U.S.C. SEC. 9604(A), AND SECTION 122 OF CERCLA, 42 U.S.C. SEC. 9622. 2. ELLIOTT'S AUTO PARTS SITE 723 WEST SOUTH (OFF ALCOA ROAD WEST OF I-30) BENTON, SALINE COUNTY, ARKANSAS 3. JAMES ELLISON ( ELLISON ) OWNED THE SITE CONTINUOUSLY FROM 1970 TO 1982. ELLISON CONDUCTED SALVAGE OPERATIONS ON THE SITE FROM APPROXIMATELY 1972 TO APPROXIMATELY 1982 AS SALINE COUNTY SALVAGE COMPANY ( SALINE ). AS PART OF ELLISON'S OPERATIONS AT THE SITE, JUNK ELECTRICAL EQUIP- MENT WAS SALVAGED, AND THESE OPERATIONS CAUSED OIL CON- TAMINATED WITH POLYCHLORINATED BIPHENYLS (PCBS) FROM THAT EQUIPMENT TO BE LEAKED OR SPILLED ON THE LAND SURFACE AND DISPOSED OF AT THE SITE. AS A SEPARATE PART OF ELLISON'S OPERATION AT THE SITE, BATTERIES AND OTHER MATERIALS WERE SALVAGED BY SALINE AND THESE OPERATIONS CAUSED LEAD FROM THOSE MATERIALS TO BE SPILLED ON THE LAND SURFACE AND DISPOSED OF AT THE SITE. IN RESPONSE TO A REQUEST FROM THE ARKANSAS DEPT. OF HEALTH, AN INSPECTION OF THE SITE WAS PERFORMED ON JUL. 19, 1985 BY THE EPA. ANALYSES OF THE SOIL SAMPLES COL- LECTED ON ONE PART OF THE SITE DURING THE INSPECTION IN- DICATED LEVELS OF PCBS AS HIGH AS 53,280 PPM, AND AN A- NALYSIS OF SOIL SAMPLES COLLECTED ON A SEPARATE PART OF THE SITE INDICATED LEVELS OF LEAD AS HIGH AS 18,800 PPM. THE EPA AND RESPONDENT HAVE INCURRED CERTAIN RESPONSE COSTS THAT ARE CONSISTENT WITH NATIONAL CONTINGUENCY PLAN. EPA FINDS THAT EACH RESPONDENT IS A RESPONSIBLE PARTY BE- CAUSE EACH RESPONDENT BY CONTRACT, AGREEMENT OR OTHERWISE ARRANGED FOR DISPOSAL OR TREATMENT, OR ARRANGED WITH A TRANSPORTER FOR TRANSPORT, FOR DISPOSAL OR TREATMENT, OF ELECTRICAL EQUIPMENT ALLEGED TO CONTAIN PCBS, AT THE SITE FROM WHICH THERE IS A RELEASE OR THREATENED RELEASE OF SUCH PCBS. BASED ON THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND THE ADMINISTRATIVE RECORD COMPILED TO DATE, EPA FINDS THAT THERE MAY BE AN IMMINENT AND SUBSTANTIAL ENDANGER- MENT TO THE PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT BECAUSE OF AN ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM THE FACILITY. 4. RELIEF SOUGHT PURSUANT TO SECTION 104(A) OF CERCLA, EPA HAS ISSUED AN ADMINISTRATIVE ORDER ON CONSENT TO THE RE- SPONDENTS REQUIRING THE RESPONDENTS TO PROVIDE REMOVAL ACTION AND REIMBURSEMENT OF OVERSIGHT COSTS.

Defendants (18)

• AMERCABLE CORPORATION
• ARKANSAS ELECTRIC COOPERATIVES, INC.Named in complaint
• BENTON, ARKANSAS WATER & LIGHT COMPANY
• BLUME SCRAP METAL COMPANY
• CAROLINA POWER & LIGHT COMPANY
• ARKANSAS POWER & LIGHT CO.
• CITY OF CLARKSVILLE, ARKANSAS
• CITY OF NORTH LITTLE ROCK, ARKANSAS
• COOK'S SCRAP METAL COMPANY
• EASTERN ILLINI ELECTRIC COOPERATIVE, INC
• HOPE, ARKANSAS WATER & LIGHT COMMISSION
• JAMES BIAS D/B/A ABC SALVAGE
• JIMELCO, INC.
• LOUISIANA POWER & LIGHT CO.
• MEMPHIS LIGHT, GAS & WATER DIVISION
• PETER KIEWIT SONS', INC.
• SOL ALMAN COMPANY, INC.
• SOUTH CAROLINA ELECTRIC & GAS COMPANY

Facilities (1)

• ELLIOT'S AUTO PARTS

  6/10MI W OF ALCOA R, BENTON, AR, 72015

  Registry ID: 110010774901

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122 — Superfund
• CERCLA 104A — CERCLA 104(a)

Timeline (5 milestones)

• 1995-08-17Enforcement Action Data Entered
• 1995-08-17Complaint Filed/Proposed Order
• 1995-08-17Final Order Issued
• 1996-12-17Compliance Achieved
• 1996-12-17Enforcement Action Closed