EPA v. LUTHER SMITH SUPERFUND SITE - U.S. AIR FORCE

Case summary

1. SECTION 122(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. LUTHER SMITH SUPERFUND SITE APPROXIMATELY 4 MILES SOUTH EAST OF NEW BERLIN, TX. ON FM 539, ON THE EAST SIDE OF HARTSVILLE ROAD OPPOSITE THE POST OAK CEMETARY NEW BERLIN, GUADALUPE COUNTY, TEXAS 78121 3. THE SITE CONSISTS OF TWO LARGE PITS WITH WATE OIL, 46 55- GALLON DRUMS, A SHED CONTAINING SEVERAL HUNDRED LAB PACKS, TWO PILES OF UNKNOWN GRANULAR/CRYSTALLINE SUB- STANCES, AND TWO 5,000 GALLON STORAGE TANKS. VARIOUS DRUMS HAD LABELS FOR CONTENTS SUCH AS TOLUENE, TRICHLORO- ETHYLENE, CLEANING COMPOUNDS, AIRCRAFT SERVICE SOLVENTS, AND 1,1,1-TRICHLOROETHANE. PRELIMINARY HAZARD CATEGORIZA- TION INDICATED HIGH CONCENTRATIONS OF LEAD AND CHROMIUM IN THE SOIL AROUND THE PILES, BENZENE IN THE WASTE OIL PITS, AND STRONGLY ACIDIC DRUM CONTENTS. RELEASE OF MATERIALS INTO THE ENVIRONMENTAL WAS PLAINLY VISIBLE. SOME DRUMS HAD NO TOPS AND/OR WERE TURNED ON THEIR SIDES. THE SOIL AROUND MANY OF THE DRUMS WAS STAIN- ED AND ALL DRUMS WERE IN POOR CONDITION. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZ- ARDOUS SUBSTANCES FROM THE SITE, EPA CONDUCTED A TIME- CRITICAL REMOVAL ACTION AT THE SITE. AS OF OCT. 31, 1998, EPA HAS INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE IN THE AMOUNT OF $272,142.89. INFORMATION CURRENTLY KNOWN TO EPA INDICATES THAT THE RE- SPONDENT AND THE FEDERAL RESPONDENT EITHER TRANSPORTED OR ARRANGED FOR DISPOSAL OF WASTE TO THE SITE, OR OWNED AND OPERATED THE SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 122(H)(1) OF CERCLA, EPA AND THE RESPONDENT AND THE FEDERAL RESPONDENT ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC). THE PUR- POSE OF THIS AOC IS FOR EPA TO RECOVER RESPONSE COSTS IN- CURRED AT OR IN CONNECTION WITH THE LUTHER SMITH SUPER- FUND SITE AND TO RESOLVE THE POTENTIAL LIABILITY OF THE RESPONDENT AND FEDERAL RESPONDENT FOR SUCH RESPONSE COSTS. WITHIN 30 DAYS, RESPONDENT SEBATIAN KOCH, SHALL PAY TO THE HAZARDOUS SUBSTANCES SUPERFUND $100 TO BE PAID IN INSTALLMENTS OF $25 PER MONTH. FEDERAL RESPONDENT U.S. AIR FORCE SHALL PAY $272,042.89 TO THE HAZARDOUS SUB- STANCES SUPERFUND WITHIN A REASONABLE TIME AFTER THE EF- FECTIVE DATE OF THE AOC.

Defendants (2)

• MR. SEBASTIAN KOCHNamed in settlement
• U.S. AIR FORCENamed in settlement

Facilities (1)

• LUTHER SMITH SUPERFUND SITE

  EAST SIDE OF HARTSVILLE RD OPPOSITE THE POST OAK C, NEW BERLIN, TX, 78155

  Registry ID: 110010734107

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LUTHER SMITH SUPERFUND SITEentered 1999-09-09

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-09-09Complaint Filed/Proposed Order
• 1999-09-09Final Order Issued
• 1999-09-10Enforcement Action Data Entered