EPA v. NEW ORLEANS, CITY OF (AGRICULTURE STREET LANDFILL SITE)

Case summary

1. SECTION 104(E)(5) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9601 ET SEQ. 2. CITY OF NEW ORLEANS FACILITY: AGRICULTURE STREET LANDFILL SITE - OU #1 NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70122 3. THE AGRICULTURE STREET LANDFILL SITE IS THE LOCATION OF A FORMER LANDFILL WHICH WAS OPERATED BY THE RESPONDENT. THE SITE COVERS APPROXIMATELY 95 ACRES. THE LANDFILL RE- CEIVED, INTER ALIA, HOUSEHOLD TRASH, CONSTRUCTION AND HURRICANE DEBRIS, AND ASH FROM MUNICIPAL WASTE INCINERA- TORS. OPERABLE UNIT 1 IS UNDEVELOPED PROPERTY, THAT PRIOR TO COMMENCEMENT OF A RESPONSE ACTION IN OCT. 1998, WAS HEAVILY OVERGROWN WITH VEGETATION AND TREES. EPA COMPLETED A REMEDIAL/REMOVAL INTEGRATED INVESTIGATION (RR/II) IN MAR. 1995. THE RR/II REVEALED A NUMBER OF CON- TAMINANTS IN SURFACE AND SUBSURFACE SOIL. LEAD, ARSENIC, AND POLYNUCLEAR AROMATIC HYDROCARBONS (PAHS) WERE IDENTI- FIED AS CONTAMINANTS OF POTENTIAL CONCERN. IN SEPT., 1997, EPA ISSUED AN ACTION MEMORANDUM AUTHORIZ- ING A NON-TIME-CRITICAL REMOVAL ACTION FOR OU 1, 2 AND 3. THE REMOVAL ACTION WILL ABATE A RELEASE OR A POTENTIAL RELEASE OF THE IDENTIFIED HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT. EPA REQUIRES ACCESS TO THE RESPONDENT'S PROPERTY TO CON- DUCT A REMOVAL ACTION. THE RESPONDENT HAS DENIED EPA'S REQUEST FOR ACCESS TO THE PROPERTY. 4. RELIEF SOUGHT PURSUANT TO SECTION 104(E)(5) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER FOR ACCESS (UAO) TO THE RESPONDENT. THE ORDER DIRECTS THE RESPONDENT TO COMPLY WITH EPA'S REQUEST FOR ACCESS TO RESPONDENT'S PROPERTY LOCATED ON OU 1 OF THE SITE. THIS ORDER REQUIRES THE RESPONDENT TO ALLOW EPA TO ENTER PROPERTY OWNED BY THE RESPONDENT IN ORDER TO EFFECTUATE AN ENVIRONMENTAL RESPONSE ACTION.

Defendants (1)

• NEW ORLEANS, CITY OFNamed in settlement

Facilities (1)

• AGRICULTURE STREET LANDFILL

  ABUNDANCE STREET, NEW ORLEANS, LA, 70126

  Registry ID: 110009336557

Statutes cited

• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• NEW ORLEANS, CITY OFentered 1999-02-24

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-02-24Complaint Filed/Proposed Order
• 1999-02-24Final Order Issued
• 1999-02-25Enforcement Action Data Entered