EPA v. LEAD PRODUCTS COMPANY

Case summary

1. SECTION 7003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ). 2. LEAD PRODUCTS COMPANY 709 NORTH VELASCO STREET HOUSTON, HARRIS COUNTY, TEXAS 77003 3. EPA HAS IDENTIFIED ELEVATED LEVELS OF LEAD IN SOILS OF THE CARY STREET NEIGHBORHOOD NEAR THE LEAD PRODUCTS FACI- LITY. EVIDENCE OF THE CONTAMINATION WAS PRESENTED TO THE REPRESENTATIVES OF LEAD PRODUCTS, WHO HAVE ACKNOWLEDGED THAT ONE POTENTIAL SOURCE OF THE LEAD IS FROM HISTORIC DISPOSAL OF WASTE BATTERY CASINGS. EPA BELIEVES THE LEVEL OF LEAD ON CARY STREET MAY CONSTITUTE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT. IT IS EPA'S GOAL TO EXPEDI- TIOUSLY REMEDIATE THOSE SURFACE SOILS AND UNPAVED ROAD SO AS TO LIMIT THE EXPOSURE OF THE LOCAL POPULATION TO HAZ- ARDOUS WASTECONSTITUENTS, SPECIFICALLY, LEAD. LEAD PRODUCTS REPRESENTATIVESINDICATED THAT LEAD PRODUCTS IS WILLING TO PROMPTLY UNDERTAKE REMEDIATION OF THE CON- TAMINATED RESIDENTIAL AREA. 4. RELIEF SOUGHT PURSUANT TO 7003 OF RCRA, EPA REQUIRES THE RESPONDENT TO 1) PAVE CARY STREET WITHIN 3 WEEKS FOLLOW- ING RECEIPT OF THE LETTER ACCORDING TO STANDARDS OF THE CITY OF HOUSTON, 2) EXCAVATE SOIL CONTAINING GREATER THAN 400 MG/KG TOTAL LEAD TO LEVELS LESS THAN 400 MG/KG OR THE DEPTH OF 2 FEET, 3) BACKFILL EXCAVATED AREAS WITH CLEAN SOIL, SODDED OR HYDRO MULCHED, 4) WORK TO BEGIN ON OCCU- PIED RESIDENCES FIRST, THEN UNOCCUPIED, AND THEN VACANT LOTS WITHIN 2 WEEKS AFTER COMPLETION OF CARY STREET PAV- ING, 5) DISPOSED OF ALL WASTES GENERATED BY THIS PROJECT ACCORDING TO REGULATIONS, 6) SEND TO EPA WITHIN 2 WEEKS OF RECEIPT OF THIS LETTER, A LETTER SIGNED BY THE PRESI- DENT, ACKNOWLEDGING AND REITERATING THE CONDITIONS AND A- GREEING TO ABIDE BY THE CONDITIONS.

Defendants (1)

• LEAD PRODUCTS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• LEAD PRODUCTS COMPANY INCORPORATED

  709 N. VELASCO ST., HOUSTON, TX, 770031249

  Registry ID: 110000460689

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• LEAD PRODUCTS COMPANYentered 1997-07-09

  Primary law: RCRA

Timeline (4 milestones)

• 1997-07-09Complaint Filed/Proposed Order
• 1997-07-09Final Order Issued
• 1997-07-22Enforcement Action Data Entered
• 1998-10-01Enforcement Action Closed