EPA v. MARCO OF IOTA SUPERFUND SITE

Case summary

1. SECTIONS 106, 107(A), 122(G), AND 122(H)(1) OF THE COM- PREHENSIVE AND ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTIONS 9606, 9607(A), 122(G), AND 9622(H)(1). 2. THE MARCO OF IOTA SUPERFUND SITE IOTA, LOUISIANA RESPONDENTS: FREDEMAN SHIPYARD, BODIN OIL RECOVERY, B & B OIL RECOVERY, REBEL ENERGY, INC., ATLANTIC RICHFIELD, FRANCIS DRILLING FLUIDS, LTD., ARCO OIL & GAS, BETZ LAB- ORATORIES, GREAT SOUTHERN OIL & GAS, BASF CORP., AND E. W. SAYBOLT. 3. THE MARCO OF IOTA SITE IS LOCATED ON LA. STATE HIGHWAY 370 APPROXIMATELY 1 MILE EAST OF THE TOWN OF IOTA, ACADIA PARISH, LA. THE SITE IS SURRONDED ON THREE SIDES BY CRAY- FISH FARMS AND RICE FIELDS. THE SITE OPERATED AS WASTE FUELS BLENDING, WASTE OIL RECYCLING, AND WASTE REPACKAG- ING FACILITY. THE EPA CONDUCTED A SITE ASSESSMENT AT THE SITE ON MAR. 5, 1992. EPA REPS DISCOVERED APPROXIMATELY 1,450 DRUMS AND CONTAINERS LARGER THAN 5-GALLON CAPACITY AND AN UNDETERMINED NUMBER OF 1-GALLON AND SMALLER VOLUME SAMPLE CONTAINERS, 17 TANKS, AND 4 SEMI-TRAILERS. THESE TANKS AND CONTAINERS CONTAINED LIQUID, SOLID, AND SLUDGE WASTE MATERIALS CONTAINING HAZARDOUS SUBSTANCES. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZ- ARDOUS SUBSTANCES FROM THE SITE, EPA CONDUCTED ONE EMER- GENCY AND TWO-TIME CRITICAL REMOVAL ACTIONS AT THE SITE. THROUGH DEC. 1996, EPA INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE IN THE AMOUNT OF $5,554,429.53. INFORMATION CURRENTLY KNOWN TO EPA INDICATES THE THE RE- SPONDENT LISTED IN THIS ORDER, ARRANGED FOR DISPOSAL OR TREATMENT, OR ARRANGED WITH A TRANSPORTER FOR TRANSPORT FOR DISPOSAL OR TREATMENT AT THE SITE, OF A HAZARDOUS SUBSTANCES OWNED OR POSSESSED BY SUCH RESPONDENT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 106, 107(A), 122(G), AND 122(H)(1) OF CERCLA, EPA AND THE RESPONDENTS VOLUN- TARILY ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC). THE RESPONDENTS SHALL PAY THE AMOUNT SET FORTH IN THE AOC, NO LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THE AOC. TO SETTLE EPA'S CLAIM FOR RECOVERY OF PAST RESPONSE COSTS. 1. FREDEMAN SHIPYARD - $180,000 2. BODIN OIL RECOVERY - $18,000 3. B & B OIL RECOVERY - $9,000 4. REBEL ENERGY, INC. - $2,000 5. ATLANTIC RICHFIELD - $6,504.59 6. FRANCIS DRILING FLUIDS, LTD. - 6,416.40 7. ARCO OIL & GAS - $5,159.58 8. BETZ LABORATORIES - $4,577.43 9. GREAT SOUTHERN OIL & GAS - $1,543.46 10. BASF CORPORATION - $1,107.72 11. E. W. SAYBOLT - $812.61

Defendants (11)

• BASF CORPORATIONNamed in complaintNamed in settlement
• BETZ LABORATORIESNamed in complaintNamed in settlement
• BODIN OIL RECOVERYNamed in complaintNamed in settlement
• E. W. SAYBOLTNamed in complaintNamed in settlement
• FRANCIS DRILLING FLUIDS, LTD.Named in complaintNamed in settlement
• FREEDMAN SHIPYARDNamed in complaintNamed in settlement
• GREAT SOUTHERN OIL & GASNamed in complaintNamed in settlement
• REBEL ENERGY, INC.Named in complaintNamed in settlement
• ARCO OIL & GASNamed in complaintNamed in settlement
• ATLANTIC RICHFIELDNamed in complaintNamed in settlement
• B & B OIL RECOVERYNamed in complaintNamed in settlement

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 107A — Cost Recovery
• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MARCO OF IOTA SUPERFUND SITEentered 1997-10-22

  Primary law: CERCLA

Timeline (3 milestones)

• 1997-10-22Complaint Filed/Proposed Order
• 1997-10-22Final Order Issued
• 1997-10-23Enforcement Action Data Entered