EPA v. FOX DRUM SUPERFUND SITE - JIMMIE DALE FOX, AMTECH CORP. AND

Case summary

1. SECTIONS 104, 106(A), AND 122 OF THE COMPREHENSIVE, EN- VIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( CERCLA ), AS AMENDED, 42 U.S.C. SECTIONS 9604, 9606(A), AND 9622. 2. FOX DRUM SITE 8 MILES NORTH FROM THE CITY OF CLEVELAND, INTERSECTION OF CR 1705 OSAGE, OSAGE COUNTY, OKLAHOMA 74054 3. THE FOX DRUM SITE IS LOCATED IN A RURAL AREA OF OSAGE, OSAGE COUNTY, OKLAHOMA. THE SITE CONSISTS OF THREE LOCA- TIONS, EACH WITH LOW EARTHEN BERMS IN WHICH RECOVERED, ABANDONED DRUMS ARE LOCATED. ACCORDING TO OSAGE COUNTY LEGAL RECORDS, THE CURRENT OWNER IS JIMMIE DALE FOX. EPA INTERVIEWED MR. FOX AND MR. STEVEN LANE ADKINS, PRESIDENT OF AMTECH CORP., CONCERNING THE DISPOSAL OF THE DRUMS. MR. ADKINS ADMITTED ARRANGING WITH MR. FOX TO DISPOSE OF OF CERTAIN DRUMS, WICH CONTAINED HAZARDOUS SUBSTANCES. MR. FOXED BURIED THE DRUMS, SOME OF WHICH CONTAINED CHEM- ICALS OF A UNKNOWN NATURE THAT AMTECH CORPORATION USED AS ADDITIVES MIXED WITH OIL FOR CERTAIN OF AMTECH'S CUSTOM- ERS, IN THREE DISTINCT AREAS WITHIN THE SITE. MR. FOX BURIED THE DRUMS INAPPROPRIATELY AND ILLEGALLY FOR FOR DISPOSAL AT THE SITE PROPERTY. THE DRUMS HAVE BEEN EX- CAVATED AND CURRENTLY REMAIN ON THE SURFACE AWAITING TO BE TRANSPORTED FOR DISPOSAL. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104, 106(A),AND 122 OF CERCLA, EPA ENTERED INTO AN ADMINISTRATIVE ORDER ON CON- SENT (AOC) WITH THE RESPONDENTS, MR. FOX, MR. ADKINS, AND AMTECH CORP. THIS ORDER CONCERNS THE RECOVERED ABANDONED DRUMS WHICH WERE BURIED IMPROPERLY, AND REQUIRES THE RE- SPONDENTS TO CONDUCT REMOVAL ACTIONS TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WEL- FARE OR THE ENVIRONMENT THAT MAY BE PRESENTED BY THE AC- TUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES, AT OR FROM THE SITE.

Defendants (3)

• AMTECH CORPORATIONNamed in settlement
• JIMMIE DALE FOXNamed in settlement
• STEVEN LANE ADKINSNamed in settlement

Facilities (1)

• FOX DRUM

  2 MI. DOWN ROAD FROM COUNTY RD, OSAGE, OK, 74054

  Registry ID: 110009348198

Statutes cited

• CERCLA 122 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• FOX DRUM SUPERFUND SITEentered 1999-05-12

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-05-12Complaint Filed/Proposed Order
• 1999-05-12Final Order Issued
• 1999-05-13Enforcement Action Data Entered