EPA v. NATIONAL CHROMIUM CORPORATION ODESSA

Case summary

1. SECTION 104(E)(5) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9604(E)(5). 2. NATIONAL CHROMIUM CORPORATION BOBETTE STEANSON WILLIAM R. MASTERSON NATIONAL CHROMIUM CORPORATION SUPERFUND SITE 2626 STEVEN ROAD ODESSA, ECTOR COUNTY, TEXAS 3. NATIONAL CHROMIUM CORPORATION ( NCC ), OPERATED A CHROME PLATING FACILITY AT THE LOCATION FROM 1979 TO 1993. CHROMIC ACID, 1,1,1-TRICHLOROETHANE, AND HYDROCHLORIC ACID WERE USED IN THE CHROME PLATING PROCESS. THE NCC SITE INCLUDES ONE LARGE BUILDING WHICH HOUSED THE FORMER CHROME PLATING PROCESS EQUIPMENT, CHEMICALS STOR- AGE, AND OFFICES. ELEVEN 10,000 GALLON TANKS AND SEVERAL SMALLER VATS ARE ON THE GROUND OF THE NCC SITE OUTSIDE OF THE BUILDING. A PARTIALLY CLEANED UP SURFACE IMPOUNDMENT HAS BEEN EXCAVATED TO THE NORTH OF THE BUILDING. RESPONDENTS OWN OR HAVE CONTROL OF THE PROPERTY. LARGE AREAS ON THE NCC SITE ARE VISIBLY STAINED YELLOW. THE YELLOW COLOR IS INDICATIVE OF HEXAVALENT CHROMIUM, A VERY TOXIC FORM OR VALENCE OF CHROMIUM. YELLOW STAINED SOIL IS PILED IN TEN OF THE 10,000 GALLON TANKS ALONG THE WALLS OF THE FORMER IMPOUNDMENT. BASED ON THIS INFORMA- TION, EPA HAS REASON TO BELIEVE THAT THERE IS A RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS OR CONTAMINANTS INCLUDING CHROMIUM. EPA REQUIRES ACCESS TO RESPONDENTS' PROPERTIES TO CONDUCT A SITE ASSESSMENT AND REMOVAL ACTION PURSUANT TO SECTION 104(A) AND (B) OF CERCLA FOR THE PURPOSE OF INVESTIGAT- ING, MONITORING, SURVEYING, TESTING AND GATHERING INFOR- MATION TO IDENTIFY THE EXISTENCE AND EXTENT OF THE RE- LEASE OR THREAT OF RELEASE OF HAZARDOUS SUBSTANCES AND TO PLAN, DIRECT AND CONDUCT RESPONSE ACTION AT THE SITE. A LETTER WAS SENT TO RESPONDENT BOBETTE STEANSON ON OCT. 12, 1995, REQUESTING ACCESS TO THE PROPERTY. ACCESS WAS DENIED BY THE RESPONDENT. 4. RELIEF SOUGHT PURSUANT TO AECTION 104(4) OF CERCLA, AN ADMINISTRATIVE ORDER FOR ACCESS WAS ISSUED BY EPA ORDER- ING THE RESPONDENTS TO PROVIDE ACCESS TO THE PROPERTY TO EPA AND ITS AGENTS FOR THE PURPOSE OF CONDUCTING AND COM- LETING A SITE INVESTIGATION AND REMOVAL ACTION ACTIVITIES IN ACCORDANCE WITH THIS ORDER.

Defendants (1)

• NATIONAL CHROMIUM CORPORATIONNamed in complaint

Facilities (1)

• NATIONAL CHROMIUM CORPORATION ODESSA INDUSTRIES PARK

  2626 STEVEN ROAD, ODESSA, TX, 79762

  Registry ID: 110000619661

Statutes cited

• CERCLA 104E5A — Superfund

Timeline (3 milestones)

• 1996-03-23Complaint Filed/Proposed Order
• 1996-03-23Final Order Issued
• 1996-04-25Enforcement Action Data Entered