EPA v. HASTINGS RADIOCHEMICAL SUPERFUND SITE

Case summary

1. SECTIONS 104(E) AND 106(A) OF THE COMPREHENSIVE ENVIRON- MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTIONS 9604(E) AND 9606(A). 2. HASTINGS RADIOCHEMICAL SUPERFUND SITE STATE HIGHWAY 35 FRIENDSWOOD, BRAZORIA COUNTY, TEXAS 77546 RESPONDENTS: JAMES VERNICE FARCHIONE 3. THE HASTINGS RADIOCHEMICAL SITE IS AN OLD GASOLINE FILL- ING STATION, WHICH IS LOCATED IMMEDIATELY ADJACENT TO TEXAS HIGHWAY 35 IN PEARLAND, TEXAS. THE HASTINGS RADIO- CHEMICAL CO. OPERATED ON THIS SITE FROM AROUND 1965 TO 1970. HASTINGS IN FACT CONSTRUCTED A LABORATORY FACILITY IN THE GARGAGE BAY AREA, WHERE IT FORMULATED RADIO-ISO- TOPES FOR INDUSTRIAL USE. THE PRINCIPAL ISOTOPE USED WAS CESIUM-137. HOWEVER, SOME AMERICIUM-241 AND OTHER ISO- TOPES OF SHORT HALF-LIVES WERE USED. RADIOLOGICAL HYGIENE DURING THESE OPERATIONS WAS APPARENTLY POOR, THUS ALLOW- ING SOILS AROUND THE BUILDING, INCLUDING THE ADJACENT UN- PAVED PARKING LOT, AN ADJACENT PROPERTY AND LOCAL STORM WATER DRAINAGE DITCHED TO BECOME CONTAMINATED. IN FACT, LARGE PORTIONS OF THE FILLING STATION BUILDING ITSELF, REMAIN SIGNIFICANTLY CONTAMINATED. THE FILLING STATION PROPERTY NOW CONTAINS CONTAMINATED STORAGE CONTAINERS FROM PREVIOUS CLEANUP ACTIONS WITHIN THE BUILDING, UNDERGROUND STORAGE TANKS PARTIALLY FILLED WITH RADIOACTIVE WASTE MATERIAL, RADIOACTIVELY CONTAMIN- ATED SOIL, AND A LARGE QUANTITY OF RADIOACTIVE DEBRIS. ONE OF THE UNDERGROUND STORAGE TANKS IS KNOWN TO CONTAIN A LARGE QUANTITY OF CONTAMINATED WATER, PRESUMABLY BE- CAUSE OF POOR TANK INTEGRITY. THE STRUCTURAL BUILDING MATERIALS OF THE FILLING STATION ARE ALSO CONTAMINATED. THE POOR CONDITION OF THE OVERALL STRUCTURE FURTHER EX- ACERBATES THE UN-CONTROLLED SPREAD OF RADIOACTIVE CON- TAMINANTS TO THE ENVIRONMENT. PAST AND CURRENT RELEASES OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT HAVE OCCURRED AND ARE OCCURRING AT THE SITE. FUTURE RELEASES WILL CERTAINLY OCCUR, IF ABATEMENT ACTIONS ARE NOT TAKEN. THE MIGRATION OF HAZARDOUS SUB- STANCES FROM THIS SITE HAS CONTINUED TO CONTAMINATE OR RE-CONTAMINATE AREAS OFF-SITE. THE EPA REQUIRES ACCESS TO THE SITE FOR THE PURPOSE OF CONDUCTING REMOVAL AND REMEDIAL ACTIONS. 4. RELIEF SOUGHT PURSUANT TO SECTION 104(E) AND 106(A) OF CERCLA EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) TO THE RESPONDENTS, JAMES AND VERNICE FARCHIONE, OWNERS OF THE FACILITY. THE ORDER REQUIRES THE RESPONDENT TO AL- LOW EPA ACCESS TO THE PROPERTY FOR THE PURPOSE OF CON- DUCTING REMOVAL AND REMEDIAL ACTIONS AT THE SITE. THE UAO BECOMES EFFECT NOV. 10, 1998.

Defendants (1)

• JAMES AND VERNICE FARCHIONENamed in complaintNamed in settlement

Facilities (1)

• HASTINGS RADIO CHEMICAL (ONSITE)

  HWY 35, PEARLAND, TX, 77581

  Registry ID: 110009313563

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• HASTINGS RADIOCHEMICAL SUPERFUND SITEentered 1998-11-06

  Primary law: CERCLA

Timeline (3 milestones)

• 1998-11-04Complaint Filed/Proposed Order
• 1998-11-05Enforcement Action Data Entered
• 1998-11-06Final Order Issued