EPA v. ROCKWOOL INDUSTRIES SITE

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION AND LIABILITY ACT, AS AMENDED , 42 U.S.C. SECTION 9606(A) ( CERCLA ). 2. ROCKWOOL INDUSTRIES SITE TAYLORS VALLEY ROAD BELTON, BELL COUNTY, TEXAS 76513 3. THE ROCKWOOL SITE CONSISTS OF APPROXIMATELY ONE HUNDRED ACRES OF LAND IN BELTON, TEXAS. CUREENTLY INACTIVE, THE ROCKWOOL FACLLITY OPERATED AS A MINERAL WOOL INSULATION MANUFACTURING PLANT FROM MID-1950 UNTIL FEB. 1987. REGION 6 HAS CONDUCTED A REMEDIAL PRELIMINARY ASSESSMENT AND A SITE INVESTIGATION. THE SITE WAS PROPOSED FOR LISTING ON THE NATIONAL PRIORITIES LIST (NPL) ON MAR. 6, 1998. KNOWN SOURCES OF CONTAMINATION INCLUDE TWO PILES OF CONTAMIN- ATED SLAG AND SOILS; SUBSTANCES OF CONCERN ARE MAINLY METALS SUCH AS ARSENIC, ANTIMONY, AND LEAD. CTMC, A TEXAS CORPORATION FORMED ON SEPT. 2, 1997, PURCHASED APPROXI- MATELY 83 ACRES OF THE 100-ACRE ROCKWOOL SITE AT A TAX FORFEITURE AUCTION LATER IN SPET. 1997. PRIOR TO THE PUR- CHASE, THE REGION HAD NOTIFIED MR. FRITH THAT THE SITE WAS TO BE PROPOSED TO THE NPL, AND THAT HE WOULD BE CON- SIDERED A POTENTIALLY RESPONSIBLE PARTY IF HE PURCHASED THE SITE, AND THAT HE SHOULD NOT CONDUCT ANY SITE ACTIVI- TIES WITHOUT OBTAINING APPROVAL FROM THE REGION. THERE IS SOME EVIDENCE, DISCOVERED AFTER ISSUANCE OF THE UAO AND CURRENTLY BEING PURSUED, THAT CTMC HAS RECENTLY SOLD THE SITE. THE SALE MAY REQUIRE THE ISSUANCE OF AN ADDITIONAL OR AMENDED UAO TO THE NEW OWNER, ALTHOUGH MR. FRITH AND MR. DONALDSON ARE STILL OPERATING AS SITE MANAGERS. THE PART OF THE SITE APPARENTLY OWNED BY CTMC INCLUDES SEVER- AL PLANT BUILDINGS, WHICH THE REGION HAS NOT YET SAMPLED FOR HAZARDOUS SUBSTANCES. DURING A VISIT TO THE SITE ON MAR. 13, 1998, THE ON-SCENE COORDINATOR OBSERVED THAT APPROXIMATELY 1/3 OF THE PRO- DUCTION BUILDING HAD BEEN TORN DOWN, LEAVING THE INTERIOR EXPOSED; THAT VARIOUS MATERIALS HAD APPARENTLY BEEN RE- MOVED FROM THE INTERIOR OF THE BUILDING; AND THAT MATER- IAL FROM A SLAG PILE APPEARED TO HAVE BEEN SPREAD OUT ON THE GROUND IN FRONT OF THE OPEN END OF THE PRODUCTION BUILDING. 4. RELIEF SOUGHT PURSUANT TO SECTION 106(A) OF CERCLA, EPA ISSUED A UNILATERALADMINISTRATIVE ORDER (UAO) DIRECTED TO CTMC, INC., RICHARD FRITH, AND CURTIS DONALDSON. THE UAO REQUIRES THAT THE THREE RESPONDENTS OBTAIN WRITTEN APPRO- VAL OF A WORK PLAN FROM EPA REGION 6 BEFORE CONDUCTING ANY DEMOLITION, EXCAVATING, DISMANTLING, EARTH-MOVING, OR CONSTRUCTION ACTIVITIES AT THE SITE. IT FURTHER REQUIRES THAT THEY CONSTRUCT A FENCE TO SECURE A RECENTLY OPENED PLANT BUILDING AGAINST UNAUTHORIZED ACCESS. IT WILL RE- MAIN EFFECTIVE FOR ONE YEAR OR UNTIL WITHDRAWN BY EPA.

Defendants (3)

• CTMC, INC.Named in complaintNamed in settlement
• CURTIS DONALDSONNamed in complaintNamed in settlement
• RICHARD FRITHNamed in complaintNamed in settlement

Facilities (1)

• ROCKWOOL INDUSTRIES INCORPORATED

  TAYLOR VALLEY RD., FM 93, BELTON, TX, 76513

  Registry ID: 110009313625

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ROCKWOOL INDUSTRIES SITEentered 1998-03-30

  Primary law: CERCLA

Timeline (3 milestones)

• 1998-03-30Final Order Issued
• 1998-03-30Complaint Filed/Proposed Order
• 1998-03-31Enforcement Action Data Entered