EPA v. AT&SF ALBUQUERQUE SUPERFUND SITE

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9606(A). 2. AT&SF ALBUQUERQUE SUPERFUND SITE 3300 SECOND STREET S.W. ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87102 RESPONDENT: THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 3. THE SITE IS THE LOCATION OF A FORMER WOOD TREATING PLANT THAT TREATED VARIOUS WOOD PRODUCTS WITH A SOLUTION OF CREOSOTE AND OIL. THE PLANT OPERATED FROM MAR. 1908 UN- TIL JAN. 1972. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY ( AT&SF ) OWNED AND OPERATED THE PLANT UNTIL 1972, WHEN THE FACILITY WAS DISMANTLED. IN LATE 1996, THE BURLINGTON NORTHERN RAILROAD COMPANY MERGED WITH THE AT&SF TO FORM THE BURLINGTON NORTHERN AND SANTA FE RAIL- WAY COMPANY (BNSF), WHICH IS THE SITE AND FACILITY OWNER AND OPERATOR. THE ONLY REMAINING PHYSICAL FEATURE OF THE FORMER TIE TREATING PLANT AT THE SITE IS THE SURFACE IMPOUNDMENT. THE IMPOUNDMENT IS CONTAINED WITHIN A FIVE-FOOT HIGH EARTHERN BERM AND CONSISTS OF TWO AREAS: THE WASTEWATER RESERVOIR AND THE WASTEWATER SUMP. THE SLUDGE AND PROCESS RESIDUE LOCATED IN THE BOTTOM OF THE IMPOUNDMENT CONSTI- TUTES THE SITE'S REMAINING MAJOR SOURCE OF CONTAMINATION. THE PRINCIPAL CONTAMINANT OF CONCERN AT THIS SITE IS CREOSOTE. THIS SOURCE CONTINUES TO CONTRIBUTE TO THE UN- CONTROLLED RELEASE OF HAZARDOUS SUBSTANCES INTO THE EN- VIRONMENT FROM THE SITE. EPA ISSUED AN ACTION MEMORANDUM DATED APR. 19, 1999, FINDING THAT THE CONDITIONS NOW PRESENT AT THE SITE MAY BE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH OR WELFARE OF THE ENVIRONMENT. 4. RELIEF SOUGHT PURSUANT TO SECTION 106(A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER FOR REMOVAL RE- SPONSE ACTION TO THE RESPONDENT, THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY. THE REMOVAL ACTION WILL RE- QUIRE THE IMMEDIATE EXCAVATION AND REMOVAL BY BNSF OF AN ESTIMATED 1,100 CUBIC YARDS OF PROCESS RESIDUE AND CREO- SOTE CONTAMINATED SOIL AND DEBRIS FROM THE SITE IMPOUND- MENT, THUS CUTTING OFF THE CONTAMINANT RECHARGE OF THE AQUIFER. IN ADDITION, BNSF WILL BE REQUIRED TO COMMENCE EXTRACTION OF CONTAMINANT DENSE, NON-AQUEOUS PHASE LIQUID (DNAPL) CONCENTRATIONS FROM THE GROUND WATER IN THE AQUIFER, THUS MITIGATING AND REDUCING THE CONTAMINANT BURDEN ALREADY PRESENT, WHILE EPA MOVES TO HAVE BNSF COM- PLETE REMEDIAL INVESTIGATION AND FEASIBILITY STUDIES AT THE SITE.

Defendants (1)

• THE BURLINGTON NORTHERN AND SANTA FE RAINamed in settlement

Facilities (1)

• AT&SF (ALBUQUERQUE)

  3300 2ND STREET , SW, ALBUQUERQUE, NM, 87102

  Registry ID: 110022778911

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• AT&SF ALBUQUERQUE SUPERFUND SITEentered 1999-04-19

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-04-19Complaint Filed/Proposed Order
• 1999-04-19Final Order Issued
• 1999-04-20Enforcement Action Data Entered