EPA v. JC PENNCO WASTE OIL SERVICES SITE

Case summary

1. SECTION 122(H)(1) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT OF 1990, AS A- MENDED ( CERCLA ), 42 U.S.C. SECTION 9622(H)(1). 2. JC PENNCO WASTE OIL SERVICES SITE 4927 HIGDON ROAD SAN ANTONIO, BEXAR COUNTY, TEXAS 78223 3. THE SITE WAS A USED BARREL AND WASTE OIL RECYCLING FACI- LITY WHICH BLENDED A VARIETY OF HAZARDOUS WASTES WITH USED MOTOR OIL. THE SITE WAS ABANDONED IN 1992 WHEN THE OWNER FILED FOR BANKRUPTCY. THE NRCC CONDUCTED SAMPLING AT THE SITE IN JUL. 1985. THE TRNCC FOUND THAT SPENT SOL- VENTS FROM INDUSTRIAL ESTABLISHMENTS WERE AMONG THE MAT- ERIALS AT THE SITE. THE TNRCC FOUND THAT THE SITE'S OWN- ER/OPERATOR TRANSPORTED THE SPENT SOLVENTS TO THE SITE WHERE THEY WERE STORED AND SUBSEQUENTLY BLENDED WITH USED OIL. HAZARDOUS SUBSTANCES HAVE BEEN OR ARE THREATENED TO BE RELEASED AT OR FROM THE SITE. AS A RESULT OF THE RELEASE OR THREATENED RELEASE OF HAZ- ARDOUS SUBSTANCES, EPA HAS UNDERTAKEN RESPONSE ACTIONS AT OR IN CONNECTION WITH THE SITE. EPA HAS ALSO CONDUCTED A TIME-CRITICAL REMOVAL ACTION AT THE SITE. IN PERFORMING THESE RESPONSE ACTIONS, EPA HAS INCURRED RESPONSE COSTS TOTALING $934,252.16 AT OR IN CONNECTION WITH THE SITE. EACH RESPONDENT LISTED IN THIS AOC ARRANGED FOR DISPOSAL OR TREATMENT, OR ARRANGED WITH A TRANSPORTERFOR TRANS- PORT FOR DISPOSAL OR TREATMENT, OF A HAZARDOUS SUBSTANCE OWNED OR POSSESSED BY SUCH RESPONDENT, BY ANY OTHER PER- SON OR ENTITY, AT THE SITE, OR ACCEPTED A HAZARDOUS SUB- STANCE FOR TRANSPORT TO THE SITE WHICH WAS SELECTED BY SUCH RESPONDENT. THE PAYMENT REQUIRED TO BE MADE BY EACH RESPONDENT IS A MINOR PORTION OF THE TOTAL AMOUNT OF $934,292.16. 4. RELIEF SOUGHT PURSUANT TO SECTION 122(H)(I) OF CERCLA, EPA AND THE 10 RESPONDENTS ENTERED INTO AN AGREEMENT FOR RECOVERY OF PAST RESPONSE COSTS. EACH RESPONDENT AGREED TO UNDERTAKE ALL ACTIONS REQUIRED BY THIS ADMINISTRATIVE ORDER ON CONSENT (AOC). THE AOC REQUIRED THE RESPONDENTS TO PAY THE AMOUNT SET FORTH ACROSS FROM EACH RESPONDENT'S NAME, RESPECTIVELY IN THIS CONSENT ORDER. EACH RESPOND- ENT'S PAYMENT INCLUDES AN AMOUNT FOR PAST RESPONSE COSTS INCURRED AT OR IN CONNECTION WITH THE SITE, AND PROJECTED FUTURE RESPONSE COSTS TO BE INCURRED AT OR IN CONNECTION WITH THE SITE. THE TOTAL AMOUNT TO BE PAID BY THE RESPON- DENTS IS $413,851.70. PAYMENT BY EACH RESPONDENT IS DUE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AOC.

Defendants (10)

• ASHLEY SALVAGE COMPANY, INC.Named in settlement
• DEFENSE REUTILIZATION AND MARKETING SERVNamed in settlement
• FAIRCHILD AIRCRAFT INC.Named in settlement
• FAIRCHILD GEN-AERO, INC.Named in settlement
• SENIOR FLEXONICS, INC.Named in settlement
• THE COLEMAN COMPANY, INC.Named in settlement
• THE DEE HOWARD COMPANYNamed in settlement
• U.S. DEPARTMENT OF DEFENSENamed in settlement
• VIA METROPOLITAN TRANSIT AUTHORITYNamed in settlement
• VICTOR SERVICE CENTER, INC.Named in settlement

Facilities (1)

• J C PENNCO WASTE OIL SVC

  4927 HIGDON RD, SAN ANTONIO, TX, 78223

  Registry ID: 110005194146

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• JC PENNCO WASTE OIL SERVICES SITEentered 1999-06-01

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-06-01Enforcement Action Data Entered
• 1999-06-01Complaint Filed/Proposed Order
• 1999-06-01Final Order Issued