EPA v. DUTCHTOWN OIL TREATMENT SUPERFUND SITE

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9606(A). 2. DUTCHTOWN OIL TREATMENT SUPERFUND SITE INTERSTATE HIGHWAY 10 AND LOUISIANA HIGHWAY 74 ASCENSION PARISH, LOUISIANA 3. THE SITE KNOWN AS THE ABANDONED DUTCHTOWN OIL TREATMENT FACILITY IS APPROXIMATELY FIVE ACRES, AND THERE ARE AP- PROXIMATELY 60 RESIDENCES AND AN ELEMENTARY SCHOOL LO- CATED WITHIN ONE-HALF MILE RADIUS OF THE SITE. THE CLOS- EST RESIDENCE IS APPROXIMATELY 165 FEET FROM A CLOSED WASTE PIT. THE SITE WAS USED TO RECYCLE WASTE OIL AND OTHER WASTE MATERIALS, INCLUDING SOLVENTS AND PETROCHEMICAL WASTE, FROM 1965 UNTIL APRROXIMATELY 1982. THE SITE INCLUDES WASTE PITS, A HOLDING POND, ABOVE-GROUND VERTICAL AND HORIZONTAL TANKS, AND A RAILROAD TANK CAR. THE SITE ALSO CONTAINED A SMALL BUILDING AND ABOVE-GROUND PIPING INSUL- ATED WITH ASBESTOS. THE RESPONDENTS LISTED IN THE UAO ALL, BY CONTRACT, A- GREEMENT, OR OTHERWISE, ARRANGED FOR THE DISPOSAL OR TREATMENT OR FOR THE TRANSPORT FOR DISPOSAL OR TREATMENT OF HAZARDOUS SUBSTANCES, OWNED OR POSSESSED BY RESPOND- ENTS, DURING THE TIME-FRAME WHEN HAZARDOUS SUBSTANCES WERE DISPOSED OR TREATED AT THE SITE. HAZARDOUS SUB- STANCES OF THE SAME KIND AS THOSED OWNED OR POSSESSED BY RESPONDENTS ARE PRESENT AT THE SITE. EPA BEGAN A SERIES BEGAN A SERIES OF SITE INVESTIGATIONS IN JULY 1985. THE SITE WAS LISTED ON THE NPL IN 1987. RE- GION 6 PERFORMED AN EMERGENCY RESPONSE ACTION TO ADDRESS A SPILL CAUSED BY VANDALISM, AND THE PRPS PERFORMED AN EXPEDIATED RESPONSE ACTION TO ADDRESS THE MAJOR THREAT POSED BY THE SITE PURSUANT TO A CONSENT DECREE. THE PRPS ALSO PERFOMED AN RI/FS PURSUANT TO AN ADMINISTRATIVE OR- DER ON CONSENT. THE RECORD OD DECISION (ROD) WAS SIGNED ON JUN. 10, 1994. THE SELECTED REMEDY IS TO ADDRESS GROUNDWATER CONTAMINATION BY NATURAL ATTENUATION. 4. RELIEF SOUGHT PURSUANT TO SECTION 106(A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) ORDERING THE RESPONDENTS TO COMPLETE THE REMEDY DESCRIBED IN THE ROD. MAJOR COMPONENTS OF THE REMEDY INCLUDE GROUNDWATER MONITORING, INSTITUTIONAL CONTROLS, INSTALLATION OF ADDI- TIONAL MONITORING WELLS, CLOSING OF AN EXISTING DOMESTIC WATER WELL AND INSTALLATION OF A NEW ONE, MAINTENANCE OF EXISTING CAPS AND FENCE, AND CONTINGENCY MEASURES, INCLU- DING ACTIVE TREATMENT IF THE CONTAMINANT CONCENTRATIONS INCREASE EITHER HORIZONTALLY OR VERICALLY.

Defendants (18)

• BROWNING-FERRIS INDUSTRIESNamed in settlement
• EXXON CORPORATIONNamed in settlement
• TRANSCONTINENTAL GAS PIPE LINE CORP.Named in settlement
• AVONDALE INDUSTRIES, INC.Named in settlement
• BASF CORPORATIONNamed in settlement
• BETHLEHEM STEEL CORPORATIONNamed in settlement
• BP EXPLORATIONNamed in settlement
• CHEMICAL SERVICES, INC.Named in settlement
• CIBA-GEIGY CORPORATIONNamed in settlement
• COS-MAR CO./FINA OIL AND CHEMICAL CO.Named in settlement
• ETHYL CORPORATIONNamed in settlement
• GEOSOURCE INCORPORATEDNamed in settlement
• KAISER ALUMINUM & CHEMICAL CORPORATIONNamed in settlement
• MOBIL OIL CORPORATIONNamed in settlement
• PORT ALLEN MARINE SERVICE, INC.Named in settlement
• SHELL OIL CO./SHELL WEST. E&P/SHELL OFFSNamed in settlement
• SOUTHERN SCRAP MATERIAL COMPANY, LTD.Named in settlement
• TRINITY INDUSTRIESNamed in settlement

Facilities (1)

• DUTCHTOWN TREATMENT PLANT

  I10 & HWY 74, ASCENSION PARISH, LA, 70734

  Registry ID: 110009336520

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• THE DUTCHTOWN OIL TREATMENT SUPERFUND SITEentered 1997-01-15

  Primary law: CERCLA

Timeline (3 milestones)

• 1996-12-30Complaint Filed/Proposed Order
• 1997-01-15Final Order Issued
• 1997-03-24Enforcement Action Data Entered