EPA v. LEACHVILLE METAL PLATING SUPERFUND SITE

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9606(A). 2. RALPH D. WELLS FACILITY: LEACHVILLE METAL PLATING SITE FOURTH STREET BETWEEN NELSON STREET AND LANG STREET LEACHVILLE, MISSISSIPPI COUNTY, ARKANSAS72438 3. RESPONDENT WAS IN VIOLATION OF SECTION 106(A) OF CERCLA BY FAILING TO PCONDUCT A REMOVAL ACTION TO ABATE AN IM- MINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 106(A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) TO THE RE- SPONDENT. THE UAO ORDERED THE RESPONDENT TO: 1) WITHIN 5 DAYS RECEIPT OF THE ORDER, NOTIFY EPA OF ITS INTENT TO COMPLY WITH THE ORDER, 2) DESIGNATE A CONTRACTOR, PROJECT COORDINATOR, AND AN ON-SCENE COORDINATOR, 3) SUBMIT A WORK PLAN OF THE WORK TO BE PERFORMED DURING THE REMOVAL ACTION, 4) PROVIDE ACCESS AND INFORMATION TO SITE, OFF- SITE AREAS, DOCUMENTATION, AND RECORDS, 5) PROVIDE RECORD RETENTION, DOCUMENTATION AND AVAILABILITY OF INFORMATION, 6) PERFORM THE OFF-SITE SHIPMENTS OF HAZARDOUS SUBSTAN- CES, POLLUTANTS OR CONTAMINANTS IN ACCORDANCE WITH REGU- LATIONS, 7) PROVIDE EMRGENCY RESPONSE AND NOTIFICATION OF RELEASE TO THE APPROPRIATE PARTIES OR AGENCIES, AND 8) PERFORM ALL ACTIONS AT THE SITE ACCORDING TO LAW AND REG- ULATIONS.

Defendants (1)

• RALPH D. WELLSNamed in settlement

Facilities (1)

• WITHGO METAL FINISHING

  HWY 77 N .25N, LEACHVILLE, AR, 72438

  Registry ID: 110009330312

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LEACHVILLE METAL PLATING SITEentered 1999-02-02

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-02-02Final Order Issued
• 1999-02-02Complaint Filed/Proposed Order
• 1999-02-08Enforcement Action Data Entered