EPA v. TEX TIN CORPORATION SUPERFUND SITE - OPERABLE UNIT NO. 1

Case summary

1. SECTION 106(A) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS AMENDED, 42 U.S.C. SECTION 9606(A). 2. TEX TIN CORPORATION SUPERFUND SITE - OPERABLE UNIT NO. 1 FM 519 AND STATE HIGHWAY 146 TEXAS CITY, GALVESTON COUNTY, TEXAS 77590 3. OPERABLE UNIT NO. 1 (OU1) OF THE TEX TIN CORPORATION SUPERFUND SITE IN AN INACTIVE TIN AND COPPER SMELTER LO- CATED ON APPROXIMATELY 130 ACRES. THERE ARE A NUMBER OF DISCREET AREAS OF CONTAMINATION FOUND ON OU1: DETERIORAT- ED ABOVE-GROUND STORAGE TANKS, A SERIES OF ACID PONDS, SOME BACKFILLED WITH OTHER MATERIALS, WASTEWATER TREAT- MENT PONDS, A LICENSED LOW-LEVEL RADIOACTIVCE MATERIALS LANDFILL, AND EXTENSIVE ACREAGE COVERED WITH SLAG, HEAVY METALS CATALYSTS AND ASH, AND DEBRIS. SIX STUDIES IDENTI- FIED A NUMBER OF HAZARDOUS SUBSTANCES AT OU 1. LIQUID WASTES IN THE ACID POND, SPENT CATALYSTS, SLUDGE IN THE ABOVE-GROUND STORAGE TANKS, AND SLAG WASTE PILES CONTAIN- ING CONCENTRATED NATURALLY OCCURRING RADIOACTIVE MATERIAL (NORM) WERE IDENTIFIED AS PRICIPAL THREAT WASTES BECAUSE THE CHEMICALS OF CONCERN CONTAINED IN THESE SOURCES ARE HIGHLY TOXIC OR HIGHLY MOBILE. OU1 IS LOCATED WITHIN 3 MILES OF GALVESTON BAY. A DIRECT STRIKE FROM A HURRICANE INTO THE TEXAS CITY AREA COULD CAUSE SIGNIFICANT RELEASES FROM OU1. THE NEED FOR EMERGENCY RESPONSE ON OU1 IS IN- DICATED BY THE DETERIORATED STATE OF THE BUILDINGS, THE PROXIMITY OF THE BUILDINGS TO THE PROPERTY FENCELINE AND THE HURRICANE EVACUATION ROUTE, THE POTENTIAL FOR RELEASE OF HAZARDOUS SUBSTANCES PRESENTLY FOUND ON, IN, AND A- ROUND THE BUILDINGS AND THE PROCESS AREA GENERALLY, AND THE APPROACH OF HURRICANE SEASON IN THE GULF COAST AREA. 4. RELIEF SOUGHT PURSUANT TO SECTION 106(A) OF CERCLA, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) FOR RE- MOVAL RESPONSE ACTIVITIES TO THE RESPONDENTS. THE ORDER REQUIRES THE RESPONDENTS TO CONDUCT REMOVAL ACTION DE- SCRIBED HEREIN TO ABATE AN IMMINENT AND SUBSTANTIAL EN- DANGERMENT TO THE PUBLIC HEALTH, WELFARE OR THE ENVIRON- MENT THAT MAY BE PRESENTED BY THE ACTUAL OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE.

Defendants (38)

• CHEVRON U.S.A. INC.Named in settlement
• PHILLIPS 66 COMPANYNamed in settlement
• PHILLIPS PETROLEUM COMPANYNamed in complaintNamed in settlement
• SHELL CHEMICAL COMPANYNamed in settlement
• UOP L.L.C.Named in settlement
• UNION CARBIDE CARIBE, LLCNamed in settlement
• VULCAN MATERIALS COMPANYNamed in settlement
• UNION CARBIDE CORPORATIONNamed in settlement
• AMALGAMET, INC.Named in settlement
• AMOCO OIL COMPANYNamed in settlement
• CELANESE CHEMICAL COMPANYNamed in settlement
• CLIMAX MOLYBDENUM COMPANYNamed in settlement
• COOKSONNamed in settlement
• CUPRUS CLIMAX METALS COMPANYNamed in settlement
• CYPRUS AMAX MINERALS COMPANYNamed in settlement
• E.I. DU PONT DE NEMOURS AND COMPANYNamed in settlement
• ELF ATOCHEM NORTH AMERICANamed in settlement
• EXXON MOBIL CORPNamed in settlement
• GAF CORPORATIONNamed in settlement
• GENERAL ELECTRIC COMPANYNamed in settlement
• HCSTNamed in settlement
• INTERNATIONAL SPECIALTY PRODUCTS INC.Named in settlement
• ISP CHEMICALS INC.Named in settlement
• ISP OPCO HOLDINGS INC.Named in settlement
• ISP TECHNOLOGIES INC.Named in settlement
• …and 13 more

Facilities (1)

• TEX-TIN CORP.

  STATE HGWY 146 & FARM RD 519, TEXAS CITY, TX, 77568

  Registry ID: 110009313616

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• TEX TIN CORPORATION SUPERFUND SITE - OU 1entered 2000-06-09

  Primary law: CERCLA

Timeline (3 milestones)

• 2000-06-09Complaint Filed/Proposed Order
• 2000-06-09Final Order Issued
• 2000-06-12Enforcement Action Data Entered