EPA v. BOECK DRUMS 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 AMEND- ED ( CERCLA ), 42 9622(H)(1). 2. BOECK DRUMS SUPERFUND SITE APPROX. 10 MILES NORTHEAST OF SEGUIN, TX. KINGSBURY, GUADALUPE COUNTY, TEXAS 78638 3. THE SITE CONSISTED OF APPROXIMATELY 100 55-GALLON DRUMS. VARIOUS DRUMS HAD LABELS FOR CONTENTS SUCH AS TOLUENE, TRICHLOROETHYLENE, CLEANING COMPOUNDS, AIRCRAFT SERVICE SOLVENTS, AND 1,1,1-TRICHLOROETHANE. APPROXIMATELY HALF OF THE DRUMS WERE EMPTY. PRLIMINARY HAZARD CATEGORIZATION INDICATED THE OTHER HALF CONTAINED VARIOUS AMOUNTS OF CHLORINATED ORGANIC SOLVENTS, STRONGLY BASIC SOLUTIONS, AND STRONGLY ACIDIC SOLUTIONS. RELEASE OF MATERIALS INTO THE ENVIRONMENT WAS PLAINLY VISIBLE. SOME DRUMS HAD NO TOPS AND/OR WERE TURNED ON THEIR SIDES. THE SOIL AROUND MANY OF THE DRUMS WAS STAINED AND ALL DRUMS WERE IN POOR CONDITION. RESULTS FROM PREVIOUS SAMPLES TAKEN BY THE STATE SHOWED THE CONTENTS OF MOST DRUMS TO BE LISTED HAZARDOUS SUBSTANCES. 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 $149,959.56. 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) WITH RE- SPONDENT EUGENE O. BOECK AND FEDERAL RESPONDENT U.S. AIR FORCE FOR REIMBURSEMENT OF EPA'S RESPONSE COSTS. WITHIN 30 DAYS, RESPONDENT EUGENE O. BECK WILL PAY $1,000 TO THE HAZARDOUS SUBSTANCES SUPERFUND. WITHIN A RESONABLE TIME AFTER THE EFFECTIVE DATE OF THIS ORDER, THE FEDERAL RE- SPONDENT SHALL $148,959.56 TO THE HAZARDOUS SUBSTANCES SUPERFUND.

Defendants (2)

• MR. EUGENE O. BOECKNamed in settlement
• U.S. AIR FORCENamed in settlement

Facilities (1)

• BOECK DRUMS

  STATE HWY 20 ON N. SIDE OF CNTY RD.2311, KINGBURG, TX, 78658

  Registry ID: 110009320671

Statutes cited

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

Enforcement conclusions (1)

• BOECK DRUMS 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