EPA v. D. L. MUD SUPERFUND SITE (THE DOW CHEMICAL COMPANY ET. AL.0

Case summary

1. SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTIONS 9606 AND 9607. 2. D. L. MUD SUPERFUND SITE 20 MILES NORTH OF THE GULF OF MEXICO, AND 3 MILES SOUTH- WEST OF ABBEVILLE, LA. ABBEVILLE, VERMILION PARISH, LOUISIANA 70510 RESPONDENTS: THE DOW CHEMICAL COMPANY, INC. DOWELL SCHLUMBERGER 3. THE SITE LOCATED IN A RURAL AREA OF SOUTHERN LOUISIANA, APPROXIMATELY 20 MILES NORTH OF THE GULF OF MEXICO AND 3 MILES SOUTHWEST OF ABBEVILLE, LOUISIANA. THE SITE CON- CONSISTS OF ABOUT 12.8 ACRES, AND WAS ORIGINALLY PART OF A GENERAL ACQUISTION OF SEVERAL PARCELS OF LAN. THE POR- TION OF LAND THAT IS NOW THE SITE WAS ORIGINALLY PART OF A 25.26 ACRE PARCEL THAT WAS USED AS DRILLING MUD FACILI- TY UNTIL 1980. IN 1981, DOW CHEMICAL COMPANY PURCHASED THE 12.8-ACRE PORTION OF THE LARGER SITE THAT CONTAINED THE BARIUM SULFATE BASED DRILLING MUD BLENDING OPERATION. THE REMAINING PORTION OF THE LARGER TRACT IS NOW THE GULF COAST VACUUM SUPERFUND SITE AND LIES ADJACENT TO THE NORTH AND WEST SIDES OF THE D. L. MUD SITE. DURING OPERATIONS OF THE FACILITY PRIOR TO DIVISION OF THE PROPERTY, THE OVERAL 25.26 ACRE FACILITY CONSISTED OF THREE IMPOUNDMENTS LOCATED ON THE NORTHWEST PORTION OF THE PROPERTY NOW REFERED TO AS THE GCVS SITE AND 16 VER- TICAL DRILLING MUD STORAGE TANKS LOCATED ON THE PORTION NOW REFERRED TO AS THE D. L. MUD SITE. THE TANKS CONTAIN- ED DRILLING MUD SOLIDS THAT HAD SETTLED FROM OIL-BASED AND WATER-BASED DRILLING MUD. THE SOLIDS WERE PRIMARILY BARITE, HEMALITE, AND RUST FROM THE TANK WALLS. A RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE CONSTITUTES AN IMMINENT OR SUBSTANT- IAL ENDANGERMENT TO THE PUBLIC HEALTH OR WELFARE OF THE ENVIRONMENT. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 106 AND 107 OF CERCLA, EPA REFERS THIS MATTER TO DOJ FOR AN ENFORCEMENT ACTION AGAINST THE DEFENDANTS. EPA IS SEEKING A REMEDIAL DESIGN/ REMEDIAL ACTION (RD/RA) CONSENT DECREE (CD OR ORDER) TO PROVIDE FOR LONG-TERM REMEDIATION OF THE D. L. MUD SUPER- FUND SITE AND TO SETTLE THE EPA'S CLAIMS AGAINST THE DE- FENDANTS. 5. THIS SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST (NPL) IN OCT. 4, 1989.

Defendants (2)

• DOWELL SCHLUMBERGERNamed in complaintNamed in settlement
• THE DOW CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• D.L. MUD, INC.

  408 SOUTHEAST ST./LA HWY 335, ABBEVILLE, LA, 70510

  Registry ID: 110009336575

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• D. L. MUD SUPERFUND SITE (DOW CHEMICAL CO., INC.)entered 1998-04-15

  Primary law: CERCLA

Timeline (6 milestones)

• 1997-10-03Referred To Dept Of Justice
• 1998-03-19Final Order Lodged
• 1998-03-19Complaint Filed With Court
• 1998-04-15Final Order Entered
• 1998-04-15Concluded
• 1998-06-25Enforcement Action Data Entered