EPA v. ROCKWALL MERCURY SITE

Case summary

1. SECTIONS 104(E)(5) AND 106(A) OF THE COMPREHENSIVE EN- VIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SECTIONS 9604(E) (5) AND 9606(A). 2. ROCKWALL MERCURY SITE 3909 MEDITERRANEAN ROCKWALL, ROCKWALL COUNTY, TEXAS 75087 RESPONDENTS: MIKE FARR AND ROBERT J. SCHRIEBER 3. AS A RESULT OF BEING CONTACTED BY THE TENANT OF THE PROP- ERTY, EPA AND THE AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY (ATSDR) LEARNED THAT AN UNKNOWN QUANTITY OF MER- CURY HAD APPARENTLY BEEN RELEASED IN THE VICINITY OF THE PROPERTY'S GARAGE. AIR SAMPLING CONDUCTED AT THE SITE CONFIRMED THIS REPORT. ATSDR CONSIDERED THE LEVELS OF MERCURY DETECTED DURING THE AIR SAMPLING TO CONSTITUTE AN IMMEDIATE PUBLIC HEALTH THREAT. THE DIRECTOR OF THE SUP- ERFUND DIVISION, EPA REGION 6, HAS APPROVED VERBALLY, THE INITIATION OF A CLASSIC EMERGENCY REMOVAL ACTION TO AD- DRESS CONDITIONS AT THE SITE. THERE ARE ACTUAL OR THREAT- ENED RELEASES OF HAZARDOUS SUBSTANCES, CONTAMINANTS AND/ OR POLLUTANTS AT THE SITE. ON EPA VISITS, MERCURY HAS BEEN VISIBLE ON THE GROUND IN THE GARAGE AND DRIVEWAY AREA. MERCURY PRESENTS A HEALTH THREAT TO VISITORS AND RESIDENTS AT THE SITE, AND IF NOT CONTAINED AND PROPERLY DISPOSED OF MAY BE TRACKED OR OTHERWISE TRANSPORTED TO OTHER LOCATIONS. THE EPA REQUIRES ACCESS TO THE SITE FOR PURPOSE OF CON- DUCTING A REMOVAL ACTION. IT HAS BEEN EPA'S INTENTION TO OBTAIN VOLUNTARY ACCESS TO THE SITE. MR. FARR, AS AN OWNER OF THE PROPERTY HAS DE- NIED EPA ACCESS TO THE PROPERTY, AND EPA HAS BEEN UNABLE TO REACH MR. SCHRIEBER, THE OTHER OWNER. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 104(E)(5) AND 106(A), EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) TO THE RESPONDENTS. THE ORDER REQUIRES THE RESPONDENTS TO GRANT EPA AND OTHER PARTIES ACCESS TO THE SITE FOR THE PURPOSE OF CONDUCTING REMOVAL RESPONSE ACTIVITIES IN ACCORDANCE WITH CERCLA. THE ORDER ALSO REQUIRES THE RESPONDENTS TO REFRAIN FROM VARIOUS DESCRIBED ACTIONS.

Defendants (2)

• MIKE FARRNamed in settlement
• ROBERT J. SCHREIBERNamed in settlement

Facilities (1)

• ROCKWALL MERCURY

  3909 MEDITERRANEAN, ROCKWALL, TX

  Registry ID: 110009312369

Statutes cited

• CERCLA 104E5A — Superfund

Enforcement conclusions (1)

• ROCKWALL MERCURY SITEentered 1999-06-18

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-06-18Complaint Filed/Proposed Order
• 1999-06-18Final Order Issued
• 1999-06-21Enforcement Action Data Entered