EPA v. HUDSON OIL REFINING CO., INC. SUPERFUND SITE

Case summary

1. SECTIONS 104(E) AND 106(A) OF THE COMPREHENSIVE ENVIRON- MENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, 42 U.S.C. SECTIONS 9604(E) AND 9606(A), ( CERCLA ). 2. HUDSON OIL REFINING CO., INC. SUPERFUND SITE SECTION 33, T18 S, R5 E CUSHING, PAYNE COUNTY, OKLAHOMA 74023 RESPONDENT: QUANTUM REALTY COMPANY, L.C. 3. THE SITE CONSISTS OF APPROXIMATELY 110 ACRES OF LAND PRE- VIOUSLY OPERATED AS AN OIL REFINERY. REGION 6 HAS CON- DUCTED A REMOVAL SITE ASSESSMENT AND IS ALSO EVALUATING THE SITE FOR SCORING WITH THE HAZARD RANKING SYSTEM AND POTENTIAL PLACEMENT ON THE NATIONAL PRIORITIES LIST (NPL). KNOWN SOURCES OF POTENTIAL CONTAMINATION AT THE SITE INCLUDE SLUDGE-FILLED TANKS, DRUMS, EXPOSED ASBES- TOS, SOIL, AMD IMPROPERLY STORED CHEMICALS. QUANTUM, AN OKLAHOMA LIMITED LIABILITY CORPORATION, PURCHASED THE SITE FOR $10,000 ON OR ABOUT OCT. 22, 1996. SUBSEQUENTLY, A PARTY RETAINED BY QUANTUM (ALLEGEDLY TO PERFORM A SITE CLEANUP) PARTIALLY DISMANTLED SEVERAL TANKS AND STRUCT- URES, VASTLY INCREASING THE POTENTIAL FOR RELEASES OF AS- BESTOS AND CONTAMINATED SLUDGE. ON SEPT. 6, 1998, REGION 6 REQUESTED THAT QUANTUM SIGN AN ACCESS AGREEMENT PERMITTING THE REGION TO ENTER THE PROP- ERTY FOR REMOVAL RESPONSE PURPOSES, BASED ON ITS FINDING THAT AN EMERGENCY EXISTS BECAUSE OF OPEN SLUDGE-FILLED TANKS, WIDESPREAD EXPOSED ASBESTOS, AND OTHER CONDITIONS. QUANTUM HAS BEEN WILLING TO ORALLY GRANT ACCESS ON A CASE-BY-CASE BASIS FOR SAMPLING PURPOSES ONLY, BUT HAS ATTEMPTED TO IMPOSE UNACCEPTABLE CONDITIONS ON SIGNING AN ACCESS AGREEMENT FOR RESPONSE ACTIVITIES. FURTHER, THE REGION'S ON-SCENE COORDINATOR HAS OBSERVED AND BEEN IN- FORMED OF EVIDENCE THAT THE PROPERTY OWNERS HAVE CONDUCT- ED AND/OR AUTHORIZED REMOVAL OF POTENTIALLY CONTAMINATED EARTH FROM THE OTHER POTENTIALLY HARMFUL ACTIVITIES. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104(E) AND 106(A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) DIRECTED TO QUANTUM REALTY, INC. THE UAO REQUIRES THAT QUANTUM GRANT THE REGION ACCESS FOR THE PURPOSE OF CONDUCTING AN EMERGENCY REMOVAL AND OTHER NECESSARY RE- SPONSE ACTIONS. IT ALSO REQUIRES THAT QUANTUM OBTAIN WRITTEN APPROVAL OF A WORK PLAN FROM REGION 6 BEFORE CON- DUCTING ANY DEMOLITION, EXCAVATION, DISMANTLING, EARTH- MOVING, OR CONSTRUCTION ACTIVITIES AT THE SITE. THE UAO WILL REMAIN EFFECTIVE FOR TWO YEARS OR UNTIL WITHDRAWN BY THE REGION.

Defendants (1)

• QUANTUM REALTY COMPANY, L.C.Named in complaintNamed in settlement

Facilities (1)

• HUDSON REFNG COMPANY INCORPORATED

  400 W MAPLE, CUSHING, OK, 74023

  Registry ID: 110009305616

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• HUDSON OIL REFINING CO., INC. SUPERFUND SITEentered 1998-09-09

  Primary law: CERCLA

Timeline (3 milestones)

• 1998-09-09Complaint Filed/Proposed Order
• 1998-09-09Final Order Issued
• 1998-09-11Enforcement Action Data Entered