EPA v. AMOCO CHEMICAL COMPANY (TEX-TIN CORP. SUPERFUND SITE)

Case summary

1. SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9607. 2. TEX TIN CORPORATION SUPERFUND SITE FM 519 AND STATE HIGHWAY 146 TEXAS CITY, TEXAS 3. THE TEX TIN SUPERFUND SITE, A TIN SMELTER AND ADJACENT CONTAMINATED PROPERTIES, IS LOCATED IN TEXAS CITY, TEXAS. THE SITE IS CURRENTLY PROPOSED FOR THE NATIONAL PRIORI- TIES LIST (NPL) CONSISTS OF THE TIN SMELTER FACILITY, OWNED BY TEX TIN CORP., SITUATED ON SOME 130 ACRES OF AGED PROCESS BUILDINGS, ORE AND SLAG PILES, ACID PONDS, AND OTHER TYPES OF CONTAMINATION. AMOCO CHEMICAL OWNS AN ADJACENT 27.33-ACRE PARCEL, CONTAINING BACKFILLED ACID PONDS, WHICH IS ALSO PART OF THE SITE. FINALLY, THE SITE INCLUDES RESIDENTIAL AND LIGHT COMMERCIAL PROPERTIES LO- CATED IN THE CITY OF LAMARQUE. INVESTIGATIONS IN 1994 AND 1995 REVEALED CONCENTRATIONS OF THREE TIMES BACKGROUND OF ARSENIC AND OTHER HEAVY METAL CONTAMINANTS IN SURFACE SOILS IN THE RESIDENTIAL AREAS. 4. RELIEF SOUGHT PURSUANT TO SECTION 107 OF CERCLA, EPA RE- FERRED THIS COST RECOVERY ACTION TO DOJ FOR EPA COSTS IN- CURRED IN CONNECTION WITH THE TEX TIN SUPERFUND SITE IN TEXAS CITY AND LAMARQUE, TEXAS. THE LITIGATION REPORT OUTLINES SITE AND CASE BACKGROUND AND PRESENTS LIABILITY EVIDENCE AGAINST TEX TIN IN ORDER THAT THE U.S. MAY RE- SPOND TO THE COMPLAINT FILED BY TEX TIN ON MAY 10, 1996. EPA EXPECTS TO SUPPLEMENT THIS REFERRAL TO REQUEST THAT DOJ ADD A NUMBER OF OTHER POTENTIALLY RESPONSIBLE PARTIES (SITE OWNERS, OPERATORS AND GENERATORS). EPA ALSO SEEKS, ALONG WITH RECOVERY OF RESPONSE COSTS, PLUS INTEREST, A DECLARATORY JUDGMENT OF LIABILITY FOR FUTURE RESPONSE COSTS INCURRED AT THE SITE. 5. THIS LITIGATION REPORT IS FORWARDED TO DOJ IN ORDER TO RESPOND TO A COMPLAINT FILED AGAINST THE U.S. (DEPT. OF THE TREASURY AND GENERAL SERVICES ADMINISTRATION) BY TEX TIN ON MAY 10, 1996. TEX TIN'S COMPLAINT SEEKS CONTRIBU- TION FOR RESPONSE COSTS. 6. ON JUN. 17, 1996, EPA PUBLISHED A PROPOSED RULE AGAIN PROPOSING THE TEX TIN CORPORATION SITE FOR INCLUSION ON THE NATIONAL PRIORITIES LIST (NPL). TEX TIN IS EXPECTED TO OPPOSE THE NPL LISTING. 7. REFERRAL WAS SENT TO DOJ ON 07/10/96.

Defendants (1)

• AMOCO CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• TEX-TIN CORP.

  STATE HGWY 146 & FARM RD 519, TEXAS CITY, TX, 77568

  Registry ID: 110009313616

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• AMOCO CHEMICAL COMPANY _- TEX-TIN SITEentered 1997-09-25

  Primary law: CERCLA

Timeline (5 milestones)

• 1988-09-22Enforcement Action Data Entered
• 1996-07-10Referred To Dept Of Justice
• 1996-08-09Complaint Filed With Court
• 1997-09-25Final Order Lodged
• 1997-09-25Final Order Entered