EPA v. MARCO OF IOTA SUPERFUND SITE

Case summary

1. SECTIONS 106, 107(A), 122(G), AND 122(H)(1) OF THE COM- PREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIA- BILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTIONS 9606, 9607(A), 122(G), AND 9622(H)(1). 2. MARCOA OF OITA SUPERFUND SITE LA STATE HIGHWAY 370 IOTA, ACADIA PARISH, LOUISIANA 3. THE MARCO OF IOTA SITE IS LOCATED APPROXIMATELY 1 MILE EAST OF THE TOWN OF IOTA, ACADIA PARISH, LA. FROM APPROX- IMATELY 1990 TO 1992, THE FACILITY WAS OPERATED AS AN UN- PERMITTED HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITY. APPROXIMATELY 1,450 DRUMS AND CONTAINERS, 17 TANKS, 4 SEMI-TRAILERS, AND AN UNDETERMINED NUMBER OF SAMPLE BOTTLES CONTAINING NUMEROUS HAZARDOUS SUBSTANCES, INCLUDING ACIDS, ARSENIC, WHITE PHOSPHORUS, FLAMMABLE LI- QUIDS, FLAMMABLE GASES, AND CORROSIVES WERE LOCATED ON THE SITE WHEN THE REGION INITIATED THE RESPONSE ACTIONS FOR WHICH IT IS SEEKING TO RECOVER COSTS. THE LA. STATE POLICE, IN CONJUNCTION WITH THE LA. DEPT. OF ENVIRONMENT- AL QUALITY (LDEQ), OBTAINED A SEARCH WARRANT, WHICH RE- SULTED IN THE SHUTTING DOWN OF THE MARCO OF IOTA FACILITY IN FEB. 1992. THE STATE POLICE THEN INITIATED AN ACTIVE CRIMINAL INVESTIGATION WITH RESPECT TO THE OPERATION. THE SITE OWNERS/OPERATORS INDICATED THAT THEY WERE FINAN- CIALLY UNABLE TO CONDUCT A REMOVAL ACTION AND LDEQ RE- QUESTED THE REGION'S ASSISTANCE IN CLEANING UP THE SITE. ANALYSIS OF MATERIALS FOUND AT THE SITE INDICATED THE PRESENCE OF FLAMMABLE LIQUIDS AND SOLIDS, AS WELL AS WATER-REACTIVE, CORROSIVE, ANSD OXIDIZING AGENTS AND LISTED HAZARDOUS SUBSTANCES SUCH AS POTASSIUM NITRATE, PENTACHLOROPHENOL, LEAD NITRATE, AMMONIUM NITRATE, PHOS- PHORUS SLUDGE, COPPER CYANIDE, METHYLENE CHLORIDE, ARS- ENIC, PICRIC ACID, SODIUM PERBROMATE, AND MERCURIC CHLO- RIDE. BIOLOGICAL WASTES, SUCH AS AMPUTATED BODY PARTS AND BODILY FLUIDS CONTAMINATED WITH LABORATORY REAGENTS AND RADIOACTIVE TRACER FLUIDS, WERE ALSO FOUND ON-SITE. GENERATOR PRPS WERE NOTICED BUT DECLINED TO PERFORM THE RESPONSE ACTION. THE RESPONSE ACTION WAS PERFORMED BY THE REGION AND INCLUDED THE PROPER TRANSPORTATION AND DISPOS- AL OF THE WASTES. THE REGION INTENDS TO PURSUE NON-SETTLING PARTIES FOR THE REMAINING COSTS. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 106, 107(A), 122(G), AND 122(H)(1) OF CERCLA, EPA ENTERED INTO AN ADMINISTRA- TIVE ORDER ON CONSENT WITH MAJOR PARTY SETTLORS, DE MINI- MIS SETTLORS, AND DE MICROMIS SETTLORS. THE PARTIES WILL PAY THE AMOUNT SET IN THE AOC.

Defendants (221)

• DIAMOND SHAMROCKNamed in complaint
• LOUISIANA STATE UNIVERSITYNamed in complaint
• PHILLIPS 66 COMPANYNamed in complaint
• TEXAS SOUTHERN UNIVERSITYNamed in complaint
• UNIVERSITY OF HOUSTONNamed in complaint
• ENRON OIL TRADING & TRANSPORTATION CO.Named in complaint
• ENSCONamed in complaint
• ENVIRONMED LABORATORIES, INC.Named in complaint
• ENVIRONMENTAL SPECIALISTS, INC.Named in complaint
• EVERCO INDUSTRIESNamed in complaint
• EXCHANGE PARTSNamed in complaint
• EXXON CO. USANamed in complaint
• FAKOURI CONSTRUCTION COMPANY, INC.Named in complaint
• FASHION TECHNamed in complaint
• FIRESTONE TIRE & RUBBERNamed in complaint
• FISHER SCIENTIFIC COMPANYNamed in complaint
• FLEXEL, INC.Named in complaint
• GEORGIA-PACIFIC CORPORATIONNamed in complaint
• DRESSER INDUSTRIESNamed in complaint
• DUPRE TRANSPORT, INC.Named in complaint
• DYNAMIC EXPLORATION, INC.Named in complaint
• E.W. SAYBOLTNamed in complaint
• EASTERN WASHINGTON UNIVERSITYNamed in complaint
• SISCONamed in complaint
• SMITH FLOORING, INC.Named in complaint
• …and 196 more

Facilities (2)

• MARCO OF IOTA INC

  HIGHWAY 370, IOTA, LA, 70543

  Registry ID: 110001103831

• MARCO OF IOTA INC

  HIGHWAY 370, IOTA, LA, 70543

  Registry ID: 110001103831

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 1996-10-03Complaint Filed/Proposed Order
• 1996-10-03Final Order Issued
• 1996-10-30Enforcement Action Data Entered