EPA v. DUTTON-LAINSON COMPANY

Case summary

8/15/01: THE WELL # 3 SUBSITE IS PART OF THE HASTINGS GROU ND WATER CONTAMINATION SITE. IT IS LOCATED IN AN AREA AROUN D MUNICIPAL SUPPLY WELL 3, M-3, WHICH WAS TAKEN OUT OF SERVI CE IN THE EARLY 1980S BECAUSE OF THE CARBON TETRACHLORIDE (C CL4) CONTAMINATION FOUND TO BE PRESENT IN THE GROUND WATER P UMPED FROM M-3. FOUR OUS ARE ASSOCIATED WITH THE WELL #3 S UBSITE, RELATED TO TWO DISTINCT PLUMES OF CONTAMINATION: PLU ME 1 IS IDENTIFIED WITH CCL4 CONTAMINATION IN SOILS (OU 7) AND GROUND WATER (OU13). EPA HAS CONDUCTED REMEDIATION OF P LUME 1 CONTAMINATION 1 WITH FUNDS FROM THE HAZARDOUS SUBSTAN CE TRUST FUND AS THERE ARE NO VIABLE POTENTIALLY RESPONSIBL E PARTIES. PLUME 2 IS IDENTIFIED WITH TRICHLOROETHENE (TCE) , 1,1,1-TRICHLOROETHANE (TCA), TETRACHLOROETHENE (PCE), AND 1,1- DICHLOROETHENE (DCE)TRICHLOROETHENE (TCE), 1,1,1-TRICHL OROETHANE (TCA), TETRACHLOROETHENE (PCE), AND 1,1- DICHLOROE THENE (DCE) CONTAMINATION IN SOILS (OU 17) AND GROUND WATER (OU18). EPA HASIDENTIFIED ONE POTENTIALLY RESPONSIBLE PART Y, DUTTON-LAINSON 8/15/01: COMPANY. THIS PRE-REFERRAL CONTAINS A DRAFT CONSEN T DECREE AND STATEMENT OF WORK WHICH WOULD REQUIRE DUTTON-LA INSON TO REMEDIATE THE GROUND WATER CONTAMINATION IDENTIFIED AS PLUME 2, OU18. INITIALLY, EPA'S INVESTIGATIONS INDICATE D ONLY THE PRESENCE OF CCL 4 CONTAMINATION IN THE SOILS AND THE GROUND WATER. EPA CONDUCTED SOIL GAS INVESTIGATIONS IN 1988 AND DETERMINED THE SOURCE AREA OF THE CONTAMINATED GROU ND WATER PLUME TO BE IN THE VICINITY OF A FORMER GRAIN STORA GE FACILITY. IN 1989, EPA ISSUED ITS INTERIM ACTION RECORD OF DECISION (ROD) FOR THE SOURCE CONTROL OPERABLE UNIT (OU 7 ), SELECTING SOIL VAPOR EXTRACTION (SVE) AS THE RESPONSE ACT ION TO CONTAIN THE CCL4 CONTAMINATION. EPA CONCLUDED THAT T HE CONTAMINATION WAS THE RESULT OF SPILLS OF GRAIN FUMIGANT AT FARMERS GRAIN STORAGE, A FACILITY ONCE LOCATED IN THE ARE A OF THE SUBSITE. NO PRPS WERE IDENTIFIED AS NEITHER FARMER S GRAIN STORAGE NOR ANY SUCCESSORS TO IT EXIST AND NO INDIVI DUALS WHO OPERATED THE FACILITYREMAIN ALIVE. THE CURRENT O WNER OF PROPERTY WHERE CCL4 WAS FOUND 8/15/01: IN THE SOILS IS PAULEY LUMBER COMPANY. THE AGENCY DID NOT NAME PAULEY AS A PRP BECAUSE INTERVIEWS WITH MR. PA ULEY AND THE WRITTEN RESPONSE TO AN INFORMATION REQUEST INDI CATED THAT PAULEY COULD SUSTAIN AN INNOCENT LANDOWNER DEFENS E UNDER SECTION 107(B)(3) OF CERCLA. WITH NO PRPS TO PERFOR M THE WORK, EPA PERFORMED THE REMEDIATION AT OU 7. REMEDIAT ION OBJECTIVES WERE ATTAINED IN JULY 1993. IN 1991, EPA INI TIATED A REMEDIAL INVESTIGATION/ FEASIBILITY STUDY (RI/FS) T O MORE ACCURATELY DEFINE THE NATURE AND EXTENT OF THE CCL4 P LUME OF CONTAMINATION. THE RI FOCUSED ON CCL4 CONTAMINATION IN THE GROUND WATER (OU13). DURING THE INVESTIGATION, EPA FOUND A SECOND PLUME OF CONTAMINATION ON PROPERTY LOCATED AT 1701 SECOND STREET WHERE DUTTON-LAINSON COMPANY (DUTTON-LAI NSON) OPERATES A MANUFACTURING FACILITY. DUTTON-LAINSON ADM ITTED IN ITS RESPONSE TOEPA'S INFORMATION REQUEST THAT IT U SED TCE AND TCA IN DEGREASING OPERATIONS. DUTTON-LAINSON AG REED TO CONDUCT AN INVESTIGATION INTO THE NATUREAND EXTENT OF THE PLUME 2 8/15/01: CONTAMINATION AND ENTERED INTO AN ADMINISTRATIVE O RDER ON CONSENT (AOC) IN 1994 TO PERFORM A SOIL-GAS INVESTIG ATION AND AN ENGINEERING EVALUATION/COST ANALYSIS. BASED ON THE RESULTS OF THESE REPORTS, EPA DETERMINED THAT AN IMMINE NT AND SUBSTANTIAL ENDANGERMENT EXISTED AND A SOURCE CONTROL REMOVAL ACTION WAS NECESSARY TO ABATE THE RELEASE AND THREA T OF RELEASE OF THE PLUME 2 CONTAMINANTS. EPA SIGNED AN ACT ION MEMORANDUM IN 1995 IN WHICH IT SELECTED SVE AS THE TECHN OLOGY TO CLEAN UP THE SOILS. DUTTON-LAINSON PERFORMED THE S VE REMOVAL ACTION UNDER AN AOC IT SIGNED IN 1995 AND COMPLET ED THE CLEANUP AT OU 17 IN 1999. BY COMPLETING THE OU 17 CL EANUP, DUTTON-LAINSON ADDRESSED ALL

Defendants (1)

• DUTTON-LAINSONNamed in complaintNamed in settlement

Facilities (2)

• HASTINGS GROUND WATER CONTAMINATION

  E CENTRAL HASTINGS, HASTINGS, NE, 68901

  Registry ID: 110009297965

• HASTINGS GROUND WATER CONTAMINATION

  E CENTRAL HASTINGS, HASTINGS, NE, 68901

  Registry ID: 110009297965

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• DUTTON-LAINSON COMPANYentered 2002-10-11

  Primary law: CERCLA

Timeline (8 milestones)

• 2001-06-08PRN Sent
• 2001-08-15Enforcement Action Data Entered
• 2002-06-20Referred To Dept Of Justice
• 2002-08-07Final Order Lodged
• 2002-08-07Complaint Filed With Court
• 2002-10-11Final Order Entered
• 2003-01-31Enforcement Action Closed
• 2003-01-31Pipeline Closed