EPA v. LINCOLN CREOSOTE SITE

Case summary

1. SECTIONS 104, 106(A) AND 122 OF THE COMPREHENSIVE ENVIR- ONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS A- MENDED ( CERCLA ), 42 U.S.C. SECS. 9604, 9606(A) AND 9622 2. LINCOLN CREOSOTE SITE MONTGOMERY STREET, NEAR THE INTERSECTION OF BENTON ROAD AND AND THE KANSAS CITY SOUTHERN RAILROAD, NORTH OF IN- TERSTATE HIGHWAY 20 BOSSIER CITY, BOSSIER PARISH, LOUISIANA FACILITY ID NO. LAD981060429 3. THE SITE INCLUDES 20 ACRES OF INDUSTRIAL AREA SURROUNDING A FORMER WOOD TREATMENT PLANT, AND ALSO INCLUDES AN UNDE- FINED PORTION OF THE ADJACENT RESIDENTIAL NEIGHBORHOOD WHICH HAS BEEN AFFECTED BY STORM WATER RUNOFF FROM THE WOOD TREATMENT PLANT. THE PLANT ON THE SITE WAS OPERATED AS A WOOD TREATMENT FACILITY FROM APPROXIMATELY 1935 TO 1969 BY SEVERAL DIFFERENT OWNERS AND OPERATORS. FROM 1950 UNTIL 1969, THE PLANT WAS OWNED AND OPERATED BY JOSLYN MANUFACTURING AND SUPPLY CO. WHICH IS CORPORATE PREDECES- SOR TO RESPONDENT. OPERATION CONSISTED OF PRESSURE TREAT- ING RAILROAD TIES AND TELEPHONE POLES USING CREOSOTE, CHROMATED COPPER ARSENATE, AND PENTACHLOROPHENOL. FROM APRIL 26 THROUGH MAY 2, 1992, EPA TOOK SOIL SAMPLES IN THE RESIDENTIAL AREA WHICH IS PART OF THE SITE. SAMPLE ANALYSIS DETERMINED THAT THERE WERE CONCENTRATIONS OF CERTAIN SEMI-VOLATILE ORGANIC COMPOUNDS (INCLUDING POLY- NUCLEAR AROMATIC HYDROCARBONS (PAHS), PCP, AND METALS IN SOIL SAMPLES COLLECTED FROM THE RESIDENTIAL AREA. CONCEN- TRATIONS OF SEMI-VOLATILE ORGANIC COMPOUNDS FOUND IN SOIL IN THE RESIDENTIAL AREA, WHICH BORDERS THE WOOD TREATMENT PLANT ON THE NORTH AND ON THE WEST, INCLUDED BENZO(A)PY- RENE. METALS CONCENTRATIONS EXCEEDING THREE TIMES THE ME- TALS DETECTED IN BACKGROUND SOIL SAMPLES WERE ALSO DE- TECTED IN THE SOILS IN THE RESIDENTIAL AREA WHICH BORDERS THE WOOD TREATMENT PLANT ON THE NORTH AND ON THE WEST. METALS, WHICH EXCEEDED THREE TIMES THE BACKGROUND METALS DETECTED IN THE SOILS INCLUDE ARSENIC AND COPPER. THE SUBSTANCES FOUND IN THE THESE SOILS, PAHS, PCP, ARSENIC, COPPER, AND CHROMIUM, ARE ALL TYPICALLY FOUND AT WOOD TREATMENT SITES USING CREOSOTE, PENTACHLOROPHENOL, OR CHROMATED COPPER ARSENATE WOOD TREATMENT PROCESSES. THE WOOD TREATMENT PLANT AT THE SITE USED ALL THREE WOOD TRE- ATMENT PROCESSES AT SOME TIME DURING THE OPERATION OF THE PLANT. THEREFORE, IT IS CLEAR THAT THESE MATERIALS, BENZO (A)PYRENE, PAHS, PCP, CHROMIUM, ARSENIC, AND COPPER HAVE BEEN DISCHARGED, OR HAVE ESCAPED FROM THE WOOD TREATMENT PLANT AREA ON THE SITE. BASED UPON ANALYSIS OF THE APRIL 26 THROUGH MAY 2, 1992, SAMPLING, IT IS CERTAIN THAT METALS, AND SEMI-VOLATILE ORGANIC COMPOUNDS INCLUDING, BUT NOT LIMITED TO BENZO(A) PYRENE, PAHS, PCP, CHROMIUM, COPPER, AND ARSENIC, HAVE BEEN DISCHARGED OR HAVE ESCAPED FROM THE WOOD TREATMENT PLANT TO RESIDENTIAL YARDS IN THE RESIDENTIAL AREA WHICH BORDERS THE WOOD TREATMENT PLANT ON THE NORTH AND ON THE WEST. HUMANS LIVING IN THE RESIDENTIAL AREA ARE EXPOSED TO THESE METALS AND SEMI-VOLATILE ORGANIC COMPOUNDS FROM THE PLANT THROUGH DERMAL CONTACT WITH SOILS CONTAINING THESE MATERIALS, AND THROUGH INCIDENT INGESTION OF SOILS CONTAINING THESE MATERIALS. THE SITE WAS PROPOSED FOR LISTING ON THE NATIONAL PRIOR- ITIES LIST (NPL) ON JAN. 18, 1994. RESPONDENT, JOSLYN MANUFACTURING CO., IS A DELAWARE COR- PORATION. RESPONDENT IS THE FORMER OWNER AND OPERATOR OF THE SITE. DURING THE YEARS 1950-1969, RESPONDENT CONDUCTED A WOOD TREATMENT OPERATION AT THE SITE. THAT OPERATION CEASED IN 1969.

Defendants (1)

• JOSLYN MANUFACTURING CO.Named in complaint

Facilities (1)

• LINCOLN CREOSOTE

  BOSSIER CITY, LA, 71111

  Registry ID: 110009336584

Statutes cited

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

Timeline (3 milestones)

• 1992-04-26Enforcement Action Data Entered
• 1992-04-26Complaint Filed/Proposed Order
• 1995-11-22Final Order Issued