EPA v. JACKSONVILLE RESIDENTIAL AREAS

Case summary

SECTION 104 AND 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTIONS 9604 AND 9606(A). 2. JACKSONVILLE RESIDENTIAL AREAS SUPERFUND SITE APPROX. 1,000' EAST OF THE VERTAC, INC. SUPERFUND SITE MCARTHUR AND LEE STREET JACKSONVILLE, PULASKI COUNTY, ARKANSAS 72076 RESPONDENT: HERCULES INCORPORATE, A DELAWARE CORPORATION 3. THE CONDITIONS PRESENT AT THE FACILITY MAY CONSTITUTE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH, WELFARE OR THE ENVIRONMENT. FACTORS TO CONSIDER: A) EX- POSURE TO HUMAN POPULATION, ANIMALS OR THE FOOD CHAIN TO TCCD (2,3,7,8-TETRACHLORODIBENZO-P-DIOXIN) BY MEANS OF AIR BLOWN DUST AND SOIL PARTICLES THROUGH THE EXPOSURE PATHWAYS OF DERMAL EXPOSURE, INHALATION, AND INCIDENTAL INGESTATION, B) CONTAMINANTS IN SOIL - TCDD HAS BEEN DE- TECTED ABOVE THE ACTION LEVEL OF 1 PPB AT FOUR RESIDENCES WITH ONE SAMPLE CONTAINING 10 PPB IN THE AREA OF THE SITE AND C) WEATHER CONDITION THAT MAY CAUSE THE RELEASE OR MIGRATION OF HAZARDOUS SUBSTANCES - DURING PERIODS OF HEAVY RAINFALLS, THE TCDD CONTAMINATION CAN MIGRATE WITH THE SEDIMENT RUNOFF AND CONTAMINATE OTHER RESIDENTIAL AREAS. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104 AND 106(A) OF CERCLA, EPA AND HERCULES INCORPORATED ENTER VOLUNTARILY INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC) TO PROVIDE FOR THE PERFORMANCE OF THE REMOVAL ACTION BY HERCULES IN CONECTION WITH THE JACKSONVILLE RESIDENTIAL AREAS SUPER- FUND SITES. THE ORDERS REQUIRES THE RESPONDENT TO SAFELY IDENTIFY, CHARACTERIZE, EXCAVATE, AND REMOVE ALL CONTAM- INATED SOILS AND ASSOCIATES VEGATATION THAT ARE ABOVE EPA ACTION LEVEL OF 1PPB TCDD WITHIN 12 INCHES OF EXISTING SURFACE OR ABOVE 10PPB AT DEPTHS GREATER THAN 12 INCHES, FROM THE RESIDENTIAL LOTS WITHIN THE JACKSONVILLE RESID- ENTIAL AREAS SITE AND THEN SAFELY DISPOSE OFSUCH CONTAM- INATED MATERIALS WITHIN THE ON-SITE LANDFILL WITHIN VER- TAC SITE, UNDER THE DIRECTION AND OVERSIGHT OF THE EPA OSC.

Defendants (1)

• HERCULES INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• JACKSONVILLE RESIDENTIAL AREAS

  MC ARTHUR BLVD. AT LEET ST. (1321 LEE ST, JACKSONVILLE, AR, 72076

  Registry ID: 110009330358

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• JACKSONVILLE RESIDENTIAL AREASentered 1998-01-15

  Primary law: CERCLA

Timeline (3 milestones)

• 1998-01-15Complaint Filed/Proposed Order
• 1998-01-15Final Order Issued
• 1998-03-16Enforcement Action Data Entered