EPA v. MONROE AUTO EQUIPMENT CO. (PARAGOULD PIT SUPERFUND SITE)

Case summary

1. SECTION 104/122(D)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTIONS 9604 AND 9622(D)(3). 2. MONROE AUTO EQUIPMENT COMPANY ONE INTERNATIONAL DRIVE MONROE, MICHIGAN 48161 FACILITY: MONROE AUTO PIT SITE (PARAGOULD PIT) PARAGOULD, GREENE COUNTY, ARKANSAS 3. THE SITE OCCUPIES 4 ACRES OF A FORMER SAND AND GRAVEL BORROW PIT. THE SITE WAS PURCHASED BY THE RESPONDENT IN 1973. BETWEEN 1973 AND 1978, THE RESPONDENT DISPOSED OF APPROX- IMATELY 15,400 CUBIC YARDS OF SLUDGE AT THE SITE. THIS SLUDGE WAS DISPOSED IN A GRAVEL PIT LOCATED ON THE SOUTH, SOUTH/CENTRAL PORTION OF THE SITE. THE SLUDGE WAS COVERED WITH APPROXIMATELY 2 FEET OF NATIVE SOIL SUBSEQUENT TO THE COMPLETION OF DISPOSAL OPERATIONS. THE DISPOSED SLUDGE WAS PRODUCED FROM MANUFACTURING PROCESSES EMPLOYED THE RESPONDENT AT ITS PARAGOULD, ARK. FACILITY. THE ARKANSAS STATE DEPT. OF HEALTH (ASDH) COLLECTED AND ANALYZED A GROUND WATER SAMPLE FROM A WELL LOCATED NEAR THE FORMER GANN RESIDENCE IN JUL. 1987. THE FORMER GANN RESIDENCE IS LOCATED WITHIN 1/4 MILE RADIUS SE OF THE SITE. THE GROUND WATER SAMPLE CONTAINED 1,2-TRANSDICHLO- ROETHYLENE AND 1,1-DICHLOROETHANE. EPA FOUND THE SAME THINGS IN NOV. 1989. RESPONDENT SAMPLED GROUND WATER SAM- PLES FROM SEVERAL WELLS ON THE SITE IN MAR. 1988 AND FOUND 1,2-TRANSDICHLOROETHYLENE, 1,1-DICHLOROETHANE, 1,1,1-TRICHLOROETHANE, TOULENE, ARSENIC, BARIUM, BERYL- LIUM, CADIUM, CHROMIUM, COPPER, LEAD, MERCURY, NICKEL, AND ZINC. THE RESPONDENT SAMPLED SOIL FROM BORINGS ON THE SITE IN SEPT. 1989 AND FOUND 1,2-DICHLOROETHANE, TRICHLO- ROETHYLENE, TOULENE, BIS(2-ETHYLHEXL)PHTALATE, ARSENIC, BARIUM, BERYLLIUM, CADIUM, CHROMIUM, COPPER, LEAD, MER- CURY, NICKEL, AND ZINC. SOME OF THESE CHEMICALS ARE CLAS- SIFIED BY EPA AS PROBABLE HUMAN CARCINOGENS. ON SEPT. 1989, THE RESPONDENT PURCHASED THE FORMER GANN RESIDENCE PROPERTY. RESIDENTS NEAR THE SITE USE GROUND WATER FOR DRINKING, BATHING, AND OTHER DOMESTIC PURPOSES. A POTENTIAL EXPOS- URE EXISTS TO THE AREA RESIDENTS FROM INGESTING CHEMICALS PRESENT IN THE GROUND WATER WHICH MAY HAVE MIGRATED FROM THE SITE. A POTENTIAL EXPOSURE EXISTS TO AREA WILDLIFE AQUATIC BIOTA FROM INGESTING CHEMICALS PRESENT IN SURFACE WATERS IN THE SITE. A POTENTIAL EXPOSURE EXISTS TO AREA RESIDENTS FROM INGESTING CHEMICALS PRESENT IN THE SOILS LOCATED ON-SITE. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104 AND 122(D)(3) OF CERCLA, EPA AND MONROE AUTO EQUIPMENT ENTERED INTO AN AD- MINISTRATIVE ORDER ON CONSENT (AOC CERCLA VI-18-91) TO DETERMINE THE NATURE AND EXTENT OF CONTAMINATION AND ANY THREAT TO THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT CAUSED BY THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS, OR CONTAMINANTS FROM THE SITE BY CONDUCTING A REMEDIAL INVESTIGATION, AND TO DETERMINE AND EVALUATE ALTERNATIVES FOR REMEDIAL ACTION (IF ANY) TO PREVENT, MITIGATE OR OTHERWISE RESPOND TO OR REMEDY ANY RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES, POLLUTANTS, OR CONTAMINATS FROM THE SITE BY CONDUCTING A FEASIBILITY STUDY, AND TO RECOVER ALL RESPONSE COSTS IN- CURRED BY EPA WITH RESPECT TO THIS AOC. 5. THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST (NPL) IN AUGUST OF 1990.

Defendants (1)

• MONROE AUTO EQUIPMENT COMPANYNamed in complaint

Facilities (1)

• MONROE AUTO EQUIPMENT CO. (PARAGOULD PIT)

  HWY 358 2 1/2 MI W OF TOWN, PARAGOULD, AR, 72450

  Registry ID: 110009332089

Statutes cited

• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 104A — CERCLA 104(a)

Timeline (3 milestones)

• 1991-06-28Complaint Filed/Proposed Order
• 1991-06-28Final Order Issued
• 1996-12-04Enforcement Action Data Entered