EPA v. ODESSA DRUM SUPERFUND SITE, THE - ALPHA INTERMEDIATES, INC.

Case summary

1. SECTION 112(H)(1) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS A- MENDED ( CERCLA ), 42 U.S.C. SECTION 9622(H)(1). 2. THE ODESSA DRUM SUPERFUND SITE EAST OF THE CORNER OF ALICE AND JUDY STREETS ODESSA, ECTOR COUNTY, TEXAS 79762 RESPONDENT: ALPHA INTERMEDIATES, INC. 3. THE SITE, WHICH IS THE LOCATION OF AN INACTIVE DRUM RE- CYCLING OPERATION, IS ABANDONED AND WAS DISCOVERED BY EPA TO CONTAINED THOUSANDS OF DRUMS, TANKS AND OTHER STORAGE CONTAINERS CONTAINING LIQUID, SOLID, AND SLUDGE WASTE MATERIALS, ALL OF WHICH CONTAINED HAZARDOUS SUBSTANCES. BECAUSE OF THE CONTINUED RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT, AND BECAUSE OF THE IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH OR WELFARE OF THE ENVIRONMENT, DUE THE CONDITIONS AT THE SITE, EPA CONDUCTED TWO REMOVAL ACTIONS. AS OF NOV. 4, 1998, TOTAL EXPENDITURES FOR THE RESPONSE ACTION AT THE SITE WERE ESTIMATED AT $7,063,989. OF THIS AMOUNT, A TOTAL OF $4,413,732.67 WAS PAID FROM A REIM- BURSABLE ACCOUNT FUNDED PURSUANT TO EPA SETTLEMENTS WITH DE MINIMIS AND MAJOR PARTIES. EPA HAS RECOVERED AN ADDI- TIONAL $2,114,240.69 DIRECTLY FROM SETTLING PARTIES. TAK- ING THESE FIGURES INTO ACCOUNT LEAVES APPROXIMATELY $536,015.64 THAT EPA INCURRED AS RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. RESPONDENT ARRANGED FOR DISPOSAL OR TREATMENT, OR ARRANG- ED WITH A TRANPORTER FOR TRANSPORT FOR DISPOSAL OR TREAT- MENT, OF A HAZARDOUS SUBSTANCE OWNED OR POSSESSED BY SUCH RESPONDENT. RESPONDENT IS THEREFORE A RESPONSIBLE PARTY AND IS JOINTLY AND SEVERALLY LIABLE FOR RESPONSE COSTS INCURRED IN CONNECTION WITH THE SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 122(H)(1) OF CERCLA, EPA AND THE RESPONDENT, ALPHA INTERMEDIATES, INC., ENTER- ED INTO AN ADMINISTRATIVE ORDER ON CONSENT THAT RESOLVES ALPHA'S ALEGED CIVIL LIABILITY FOR PAST RESPONSE COSTS WITHOUT LITIGATION. THE RESPONDENT SHALL THE SUM OF $155,259.15 IN REIMBURSEMENT OF PAST RESPONSE COSTS, PLUS AN ADDITIONAL SUM FOR INTEREST ON THAT AMOUNT CALCULATED FROM THE DATE SET FORTH IN THE DEFINITION OF PAST RE- SPONSE COSTS THROUGH THE DATE OF PAYMENT. THE PAYMENT A- MOUNT IS PAYABLE IN 3 ANNUAL INSTALLMENTS OF $51,753.05 PLUS APPROPRIATE INTEREST. THE FIST PAYMENT MUST BE PAID NO LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THE ORDER. THE SECOND AND THIRD PAYMENTS WILL BE DUE ONE AND TWO YEARS, RESPECTIVIELY, AFTER THE DUE DATE OF THE FIRST PAYMENT.

Defendants (1)

• ALPHA INTERMEDIATES, INC.Named in settlement

Facilities (1)

• ODESSA DRUM COMPANY INC

  2214 ALICE, ODESSA, TX, 79762

  Registry ID: 110005035737

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• ODESSA DRUM SUPERFUND SITE, THEentered 1999-05-24

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-05-24Enforcement Action Data Entered
• 1999-05-24Complaint Filed/Proposed Order
• 1999-05-24Final Order Issued