EPA v. RAB VALLEY WOOD PRESERVING SITE

Case summary

1. SECTION 104(B), 106(A), AND 122 OF THE COMPREHENSIVE EN- VIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. SECTIONS 9604, 9606 AND 9622 ( CERCLA ). 2. RAB VALLEY WOOD PRESERVING SITE PANAMA, LE FLORE COUNTY, OKLAHOMA 3. THE SITE IS LOCATED IN LE FLORE COUNTY , OKLAHOMA, SOUTH- EAST OF THE TOWN OF PANAMA AND BOUNDED BY KANSAS CITY SOUTHERN RAILROAD TO THE WEST, AND TECUMSEH STREET TO THE NORTH. THE SITE INCLUDES 36 ACRES OF PROCESS AREA AND ADDITIONAL ACREAGE TO THE SOUTH. THE TOTAL SIZE OF THE SITE IS ESTI- MATED TO BE 200 ACRES. SEVERAL WOOD PRESERVING COMPANIES OPERATED THE FACILITIES AT THE SITE INTERMITTENTLY FROM THE EARLY 1900'S TO 1976. THE FACILITIES AT THE SITE WERE UTILIZIED FOR THE PRESSURIZED TREATMENT OF WOOD, USING COAL TAR CREOSOTE AND PENTACHLOROPHENOL. THE TREATMENT PROCESS USED A PRESSURE TANK TO REMOVE INTERSTITIAL FLUIDS FROM THE RAW WOOD AND THEN REPLACED THE FLUIDS WITH CREOSOTE AND PENTACHLOROPHENOL BASED OILS. THE FLUIDS NOT ABSORBED DURING THE PRESSURE TREATMENT WAS PUT INTO A SYSTEM OF LAGOONS, WHICH POSSIBLY ALLOWED SOME OF THE OILS TO BE RECLAIMED AND REUSED. SINCE CREO- SOTE IS ACTUALLY A COMBINATION OF SEVERAL ORGANIC COM- POUNDS CONTAINING CHAINS OF CARBON ATOMS IN AEQUENCE, THE TERM POLYNUCLEAR AROMATIC HYDROCARBONS (PAHS) IS OF- TEN USED IN REGARD TO CREOSOTE. PENTACHLOROPHENOL IS AL- SO AN ORGANIC COMPOUND, BUT IS USUALLY NOT LISTED AS PAH AND IS SAMPLED FOR SEPARATELY. THE SITE WAS REFERRED TO EPA'S EMERGENCY RESPONSE BRANCH (ERB) BY THE OKLAHOMA STATE DEPT. OF HEALTH NOW REFERRED TO AS ODEQ. THE EPA TECHNICAL ASSISTANCE TEAM (TAT), PRO- VIDED TECHNICAL ASSISTANCE TO THE ERB INVESTIGATION. ON APR. 6, 1993, TAT VISITED THE SITE TO BEGIN SAMPLING ACT- IVITIES. THE SITE CONTAINED SEVERAL PRESSURE/STORAGE TANKS IN VARIOUS STATES OF DEMOLITION AND DETERIORATION. A CONSIDERABLE VOLUME OF LIQUID, SLUDGE, AND SOLID WASTE HAD BEEN DISCHARGED ON THE SURFACE GROUND IN THE IMMMED- IATE AREA OF THE TANKS. IN ADDITION, SURFACE RUNOFF DRAINS THROUGH THE TANK AREA AND THE PROCESS AREA INTO FOUR LAGOONS AND A POND WHICH ARE LOCATED ON THE EAST SIDE OF THE SITE. THE BERM AROUND THE LAGOONS AND THE POND HAD BEEN BREACHED BOTH BY EROSION AND APPEARED TO HAVE BEEN BREACHED BY MECHANICAL MEANS AS WELL. THIS AL- LOWED CONTAMINATED MATERIALS TO DISCHARGE INTO AN INTER- MITTENT CREEK WHICH PASSED THROUGH A WETLAND AREA BEFORE ENTERING THE POTEAU RIVER ABOUT 1/4 TO 1/2 MILE AWAY. ON AUG. 18, 1995, EPA EXECUTED AN ACTION MEMORANDUM FOR THE REMOVAL ACTION TO BE UNDERTAKEN AT THE SITE. INITIAL ACCESS TO THE SITE FOR CONDUCTING THE INVESTIGA- TION BEGINNING ON APR. 6, 1993, WAS OBTAINED THROUGH A WARRANT ISSUED BY FEDERAL MAGISTRATE. EPA ALLEGES THAT JOSYLN MANUFACTURING CO. IS LIABLE UNDER SECTION 107(A) OF CERCLA BECAUSE JOSLYN WAS THE OWNER AND OPERATOR OF THE SITE, AND BECAUSE JOSLYN OWNED AND OPER- ATED THE SITE AT A TIME WHEN HAZARDOUS SUBSTANCES WERE DISPOSED OF AT THE SITE. EPA ALLEGES THAT JOSLYN WAS AN OWNER AND OPERATOR OF A FACILITY, AS DEFINED BY SECTION 101(20) OF CERCLA, AND WITHIN THE MEANING OF SECTION 107 (A) OF CERCLA. THE CONDITIONS PRESENT AT THE SITE CONSTITUTE A THREAT TO PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT BASED UPON THE FACTORS SET FORTH IN SECTION 300.415(B)(2) OF THE NCP, 40 CFR SECTION 300.415(B)(2). 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104(A), 106(A), AND 122 OF CERCLA, AN ADMINISTRATIVE ORDER IS ENTERED INTO VOLUNTARILY BY EPA AND JOSLYN MA

Defendants (1)

• JOSLYN MANFACTURING COMPANYNamed in complaint

Facilities (1)

• RAB VALLEY WOOD PRESERVING

  INT. OF HWY 59 & COUNTY HWY IN PANAMA, PANAMA, OK, 74951

  Registry ID: 110009305803

Statutes cited

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

Timeline (3 milestones)

• 1996-04-15Final Order Issued
• 1996-04-15Complaint Filed/Proposed Order
• 1996-04-16Enforcement Action Data Entered