EPA v. SAFE TIRE DISPOSAL CORP. TIRE FIRE, NON-NPL SUPERFUND SITE

Case summary

1. SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( CERCLA ), 42 U.S.C. SECTION 9607. 2. SAFE TIRE DISPOSAL CORP. 3351 S. WYATT ROAD MIDLOTHIAN, ELLIS COUNTY, TEXAS 76065 3. THE FACILITY IS A NON-NATIONAL PRIORITIES LIST (NPL) SITE LOCATED IN A RURAL, LIGHT INDUSTRIAL AND RESIDENTIAL AREA WITH ONE RESIDENCE IMMEDIATELY ADJACENT TO THE NORTH OF IT, AND OTHER RESIDENCES WITHIN CLOSE PROXIMITY TO ITS NORTH. IT IS LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 67 AND SOUTH WYATT IN MIDLOTHIAN, ELLIS COUNTY, TEXAS. THE FACILITY IS AN ACTIVE TIRE RECYCLING FACILITY. IT SHREDS USED AUTOMOBILE TIRES AND PRODUCES TIRE CHIPS. AT THE TIME OF THE RESPONSE, THE TIRE CHIPS WERE STORED IN ABOUNT 47 STORAGE AREA PILES LOCATED IN THE WESTERN PORT- ION OF THE SITE. EACH STORAGE PILE WAS ABOUT 5,926 CUBIC YARDS OR 2,500 - 3,250 TONS. EACH STORAGE PILE WAS AP- PROXIMATELY 200' LONG BY 40' WIDE BY 20' HIGH. ON DEC. 1, 1995, A FIRE BROKE OUT AT THE FACILITY. THE FIRE BEGAN AT ONE OF THE 47 TIRE CHIP STORAGE PILES. THE FIRE SPREAD FROM THE IGNITION PILE TO AN ESTIMATED 18 NEARBY PILES AND PRODUCED A SMOKE PLUME EXTENDING TO THE NORTHWEST FROM THE SITE. SAFE TIRE CONTRACTED WITH EMTECH ENVIRONMENTAL SERVICES TO RESPOND TO THE FIRE. EMTECH SUBCONTRACTED WITH WILLIAMS FIRE & HAZARD CONTROL, INC. ON DEC. 7, 1995, SAFE TIRE ANNOUNCED IT WAS FINANCIALLY UNABLE TO CONTINUE PAYING ITS FIRE-FIGHTING CONTRACTOR FOR FIRE SUPPRESSION AND EXTINGUISHMENT. THE TRNCC AS- SUMED FIRE EXTINGUISHMENT DUTIES WITH EMTECH AND REQUEST- ED EPA ASSISTANCE. EPA ASSUMED THE FIRE-FIGHTING RESPONSE ACTION. ON DEC. 22, 1995, EPA DEMOBILIZED FROM THE SITE, AT WHICH TIME SAFE TIRE RESUMED RESPONSIBILITY OVER THE SITE. THE EPA EXPENDED A TOTAL OF $1,150,148.97 AS OF SEPT. 30, 1998. 4. RELIEF SOUGHT PURSUANT TO SECTION 107 OF CERCLA, EPA RE- FERRED THIS REFERRAL TO DOJ SEEKING A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT TO RECOVER RESPONSE COSTS THAT HAVE BEEN AND WILL BE INCURRED BY THE U.S. IN RE- SPONSE TO RELEASES AND THREATENED RELEASES OF HAZARDOUS SUBSTANCES FROM THE SITE KNOWN AS SAFE TIRE DISPOSAL CORP. SITE. EPA SEEKS RECOVERY OF TOTAL PAST RESPONSE COSTS OF $1,150,148.97.

Defendants (2)

• SAFE TIRE DISPOSAL CORP.Named in complaintNamed in settlement
• SAFE TIRE DISPOSAL CORP. OF TEXASNamed in complaintNamed in settlement

Facilities (1)

• SAFE TIRE DISPOSAL CORP. TIRE FIRE

  3155 S WYATT RD, MIDLOTHIAN, TX, 76065

  Registry ID: 110010697488

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• SAFE TIRE DISPOSAL CORP.entered 2000-06-01

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-11-18Referred To Dept Of Justice
• 1998-12-07Complaint Filed With Court
• 1999-06-22Enforcement Action Data Entered
• 2000-04-30Final Order Lodged
• 2000-06-01Final Order Entered
• 2000-06-01Concluded