EPA v. ARCO CHEMICAL COMPANY - SIKES DISPOSAL PITS SUPERFUND SITE

Case summary

1. SECTIONS 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9607. 2. SIKES DISPOSAL PITS SUPERFUND SITE CROSBY, TEXAS 3. THE SIKES DISPOSAL PITS SITE WAS AN UNPERMITTED WASTE DISPOSAL FACILITY OPERATED BY THE SIKES FAMILY, WHO LIVED ONSITE. A MAIN WASTE PIT, DRUM WASTE AREAS, TANK LAKE (A SMALL, NATURAL BODY OF WATER), AN ADJACENT SLOUGH, AND SMALL WASTE PITS WERE USED FOR DISPOSAL OF CHEMICAL WASTES FROM AREA PETROCHEMICAL PLANTS, REFINERIES AND OTHER INDUSTRIES. REPORTS OF THE TIME OF DISPOSAL VARY FROM THE MID-1950S OR THE EARLY 1960S, UNTIL APPROXIMATE- LY 1967. COMPOUNDS FOUND ON-SITE WHICH ARE HAZARDOUS SUB- STANCES UNDER CERCLA INCLUDE HEAVY METALS, PHENOLIC COM- POUNDS, XYLENE, BENZENE, CREOSOTE, TOLUENE, AND OTHER OR- GANICS. 4. RELIEF SOUGHT PURSUANT TO SECTION 107 OF CERCLA, EPA RE- QUESTS THE FILING OF AN ACTION BY DOJ FOR THE RECOVERY OF RESPONSE COSTS, PLUS INTERSET, FOR MEASURES UNDERTAKEN AT THE SITE. THE REFERRAL ALSO SEEKS A DECLARATORY JUDGMENT OF LIABILITY FOR FUTURE RESPONSE COSTS INCURRED AT THE SITE. 5. SIKES DISPOSAL PIT WAS ONE OF THE ORIGINAL SITES RANKED UNDER THE HAZARD RANKING SYSTEM, AND WAS PROPOSED FOR THE NATIONAL PRIORITIES LIST (NPL) IN A PROPOSED RULE PUB- LISHED ON DEC. 30, 1982. 6. THIS IS A REFFERAL THAT SEEKS TO RECOVER RESPONSE COSTS INCURRED BY THE U.S. AT THE SITE. IT IS NOT PART OF ANY NATIONAL INITIATIVE AND IS NOT EXPECTED TO PRESENT ANY ISSUES OF NATIONAL SIGNIFICANCE FROM A LEGAL STANDPOINT. THIS CASE WILL BE FILED NO LATER THAN SEPT. 30, 1996 IN ORDER TO AVOID ANY STATUTE OF LIMITATIONS PROBLEMS. 7. THIS CASE WAS REFERRED ON AUG. 23, 1996.

Defendants (12)

• CROWN CENTRAL PETROLEUM CORPORATIONNamed in complaint
• ATLANTIC RICHFIELD COMPANYNamed in complaint
• EXXONNamed in complaint
• GOODYEAR TIRE & RUBBER COMPANYNamed in complaint
• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaint
• PHILLIPS PETROLEUMNamed in complaint
• ROHM & HAAS TEXAS INCORPORATEDNamed in complaint
• SHELL OIL COMPANYNamed in complaint
• TENNECO CORPORATIONNamed in complaint
• TENNECO POLYMERS, INC.Named in complaint
• TENNECO, INC.Named in complaint
• VACUUM TANKS, INC.Named in complaint

Facilities (1)

• SIKES DISPOSAL PITS

  US HWY 90, CROSBY, TX, 77532

  Registry ID: 110009313331

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (3 milestones)

• 1980-04-17Enforcement Action Data Entered
• 1996-08-23Referred To Dept Of Justice
• 1998-02-12Complaint Filed With Court