EPA v. POLY-CYCLE INDUSTRIES SITE - TECULA

Case summary

1. SECTIONS 107(A) AND 122(G)(4) OF THE COMPREHENSIVE EN- VIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ( CERCLA ), 42 U.S.C. SECS. 9607(A) AND 9622(G) (4). 2. POLY-CYCLE INDUSTRIES SITE 1.25 MILES NE OF TECULA ON FM ROAD 2064 TECULA, CHEROKEE COUNTY, TEXAS FACILITY ID NO. TXT490012689. 3. THE SITE IS LOCATED IN A RURAL RESIDENTIAL AREA WITH AP- PROXIMATELY 168 RESIDENTS WITHIN 1 MILE RADIUS OF THE SITE. THE SITE IS BORDERED TO THE SOUTH BY UNION PACIFIC RAILROAD TO THE NORTH BY FM ROAD 2064, TO WEST BY COUNTY ROAD 4216, AND THE EAST BY RURAL FARMLAND. THE SITE CONTAINED APPROXIMATELY 15,000 CUBIC YARDS OF SOIL AND WASTE PILES WHICH WERE CONTAMINATED WITH HIGH LEVELS OF LEAD. EPA CONDUCTED A SITE ASSESSMENT AT THE SITE IN MAR. 1991. THE SAMPLING MISSION IDENTIFIED THE MAJORITY OF THE CON- TAMINANTS TO HAVE BEEN GENERATED WITHIN THE 4 ACRE PRO- CESS AREA AND ALONG MAJOR DRAINAGE PATHWAYS WHICH CON- TAINED HIGH LEVELS OF LEAD. ON MAR. 8, 1991, THE RA OF EPA REGION 6 SIGNED AN ACTION MEMORANDUM DECLARING THAT CONDITIONS AT THE SITE CONSTI- TUTED AN IMMINENT AND SUBSTANIAL ENDANGERMENT TO THE PUB- LIC HEALTH OR WELFARE OR THE ENVIRONMENT. ON MAR. 14, 1991, EPA CONTRUCTED A FENCE AND ESTABLISHED 24-HOUR SE- CURITY. ON MAR. 24, 1991, EPA INITIATED A REMOVAL ACTION PURSUANT TO SECTION 104(A) OF CERCLA. THAT REMOVAL ACTION INCLUDED SECURING THE SITE FROM UNAUTHORIZED OR INADVERTENT ACCESS IMPLEMENTING A SOURCE CONTROL REMEDY, WHICH INCLUDED THE REMOVAL AND CONSOLIDATION OF GROSS OFFSITE CONTAMINATION, EXCAVATING LEAD-CONTAMINATED SURFACE SOILS AND DRAINAGE PATHWAYS THAT EXCEEDED THE INTERIM CLEANUP LEVEL, CON- SOLIDATING AND CAPPING THE LEAD-CONTAMINATED SOIL ONSITE, CONTAINERIZING AND TEMPORARILY STORING HAZARDOUS WASTE PILES CONSISTING OF LEAD-CONTAMINATED EBONITE, PLASTIC, AND SLUDGE, DECONTAMINATING AND DISPOSING OF SOILD DE- BRIS, DECONTAMINATING AND DISMANTLING OF LEAD-CONTAMINAT- ED PROCESS BUILDINGS ON-SITE, CONSTRUCTING A STORM WATER DIVERSION SYSTEM, AND CONSTRUCTING A POSTED 6 FOOT SE- CURITY FENCE TO ENCLOSE THE SITE. WORK CREWS DEMOBILIZED FROM THE SITE ON OR ABOUT JAN. 2, 1992, AND EPA DEEMED THE REMOVAL ACTION COMPLETE ON OR ABOUT FEB. 18, 1992. DUE TO THE ABATEMENT OF A RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT, AT THIS TIME EPA DOES NOT INTEND TO UNDERTAKE FUTURE RESPONSE AC- TIONS AT THE SITE. THROUGH OCT. 31, 1994, EPA HAS INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE IN THE AMOUNT OF $2,459,363.22. INFORMATION CURRENTLY KNOWN TO EPA INDICATES THAT EACH RESPONDENT LISTED IN THE CONSENT ORDER, ARRANGED FOR DIS- POSAL OR TREATMENT, OR ARRANGED WITH A TRANSPORTER FOR TRANSPORT FOR DISPOSAL OR TREATMENT AT THE SITE, OF A HAZARDOUS SUBSTANCE OWNED OR POSSESSED BY THE RESPONDENT. INFORMATION CURRENTLY KNOWN TO EPA INDICATES THAT THE A- MOUNT OF HAZARDOUS SUBSTANCES CONTRIBUTED TO THE SITE BY EACH RESPONDENT DOES NOT EXCEED A .009% OF THE TOTAL VOL- UME OF HAZARDOUS SUBSTANCES DISPOSED OF AT THE SITE, AND THAT THE TOXIC OR OTHER HAZARDOUS EFFECTS OF THE SUB- STANCES CONTRIBUTED BY EACH RESPONDENT TO THE SITEDO NOT CONTRIBUTE DISPROPORTIONATELY TO THE CUMULATIVE TOXIC OR OTHER HAZARDOUS EFFECTS OF THE HAZARDOUS SUBSTANCES AT THE SITE.

Defendants (7)

• TYLER GOLF CARTS, INC.
• A & A AUTO MACHINE SHOP
• FRED E. WEBB
• J. E. SCOTT
• N. A. MORPHIS
• POLY-CYCLE INDUSTIRES SITE - TECULANamed in complaint
• TELEVISION CABLE SERVICE, INC. FKA UNITE

Facilities (1)

• POLY CYCLE INDUSTRIES INCORPORATED

  FM 2064 7M N, JACKSONVILLE, TX, 75766

  Registry ID: 110000619885

Statutes cited

• CERCLA 122G4 — Superfund
• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 1995-11-28Enforcement Action Data Entered
• 1995-11-29Complaint Filed/Proposed Order
• 1995-11-29Final Order Issued