EPA v. NEV-TEX GROUP, INC. AND WAYNE ANDRE MC MINIMENT - ROCKWOOL

Case summary

1. SECTION 104(E) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9604(E). 2. ROCKWOOL INDUSTRIES, INC. SUPERFUND SITE 1741 TAYLOR'S VALLEY ROAD BELTON, BELL COUNTY, TEXAS 76513 RESPONDENTS: WAYNE ANDRE MC MINIMENT, PRESIDENT NEV-TEX GROUP, INC. 3. THE SITE IS LOCATED APPROXIMATELY ONE MILE EAST OF BEL- TON, BELL COUNTY, TEXAS., AND CONSISTS OF APPROXIMATELY 98 ACRES OF LAND EAST OF I-35 BETWEEN THE LEON RIVER AND NOLAN CREEK. SOIL SAMPLES COLLECTED FROM THE SITE IN THE COURSE OF ATRNCC SITE INVESTIGATION SHOWED ELEVATED CON- CENTRATIONS OF HAZARDOUS SUBSTANCES. SURFACE WATER FLOWS THREATEN TO CAUSE THESE HAZARDOUS SUBSTANCES TO MIGRATE FROM THE SITE. EPA HAS BEGUN A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) TO DETERMINE THE FULL EXTENT OF CONTAMINATION AT THE SITE AND STUDY ALTERNATIVES FOR AD- DRESSING THE CONTAMINATION. TO COMPLETE THE RI/FS, EPA REQUIRES ACCESS TO THE SITE TO COLLECT SOIL AND WATER SAMPLES AND OTHERWISE INVESTIGATE THE EXTENT OF CONTAMIN- ATION. RESPONDENTS HAVE DENIED EPA ACCESS TO THIS SITE. 4. RELIEF SOUGHT PURSUANT TO SECTION 104(E) OF CERCLA, EPA ISSUED THE RESPONDENT AND ADMINISTRATIVE ORDER (AO) TO COMPEL COMPLIANCE WITH REQUEST FOR ACCESS. THE ORDER DI- RECTS THE RESPONDENTS TO GRANT EPA ACCESS TO THE SITE FOR THE PURPOSE OF CONDUCTING A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY AND ADDITIONAL RESPONSE ACTIONS AT THE ROCKWOOL INDUSTRIES, INC. SUPERFUND SITE. WITHIN 10 DAYS OF THE EFFECTIVE DATE OF THIS ORDER, THE RESPONDENTS ARE ORDERED AND DIRECTED TO PROVIDE ACCESS TO THE SITE.

Defendants (2)

• NEV-TEX GROUP, INC.Named in settlement
• WAYNE ANDRE MC MINIMENTNamed in settlement

Facilities (1)

• ROCKWOOL INDUSTRIES INCORPORATED

  TAYLOR VALLEY RD., FM 93, BELTON, TX, 76513

  Registry ID: 110009313625

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• NEV-TEX GROUP, INC. AND WAYNE ANDRE MC MINIMENT -entered 2000-04-25

  Primary law: CERCLA

Timeline (3 milestones)

• 2000-04-25Complaint Filed/Proposed Order
• 2000-04-25Final Order Issued
• 2000-04-26Enforcement Action Data Entered