EPA v. UNIVAR USA INC

Case summary

ADMINISTRATIVE ORDER ON CONSENT (AOC) FOR CORRECTIVE MEASURES IMPLEMENTATION (CMI) ENTERED INTO FOR UNIVAR USA INC.�S FACILITY IN OMAHA, NE. ON JUNE 16, 2005, THE DIRECTOR OF REGION VII�S AIR, RCRA AND TOXICS DIVISION SIGNED A RCRA � 3008(H) AOC FOR THE IMPLEMENTATION OF CORRECTIVE MEASURES AT UNIVAR�S FACILITY LOCATED AT 4120 BUCKINGHAM PLACE IN OMAHA. SINCE 1954 THE FACILITY HAD BEEN USED FOR THE BLENDING, REPACKAGING, AND DISTRIBUTION OF VARIOUS ACIDS, BASES, PESTICIDES, AND INDUSTRIAL SOLVENTS. IN 1989 EPA CONDUCTED A RCRA FACILTY ASSESSMENT (RFA) AT THE FACILITY. DURING THE RFA SEVERAL AREAS OF STAINED SOIL WERE OBSERVED, AND SEVERAL AREAS WERE IDENTIFIED WHERE RELEASES OF HAZARDOUS WASTES OR HAZARDOUS WASTES CONSTITUENTS MAY HAVE OCCURRED DUE TO THE DESIGN AND/OR DIMINISHED STRUCTURAL INTEGRITY OF CONTAINMENT SYSTEMS. IN 1993 RESPONDENT AND EPA ENTERED INTO AN AOC FOR THE PERFORMANCE OF A RCRA FACILITY INVESTIGATION (RFI) AND CORRECTIVE MEASURES STUDY (CMS) AT THE FACILITY. VOLATILE ORGANIC COMPOUNDS, SEMI-VOLATILE ORGANIC COMPOUNDS, PESTICIDES, AND METALS WERE DETECTED IN THE FACILITY�S SOILS AND GROUNDWATER DURING THE RFI. A CMS REPORT PRESENTING ALTERNATIVES FOR RESPONDING TO THESE RELEASES WAS SUBMITTED BY THE RESPONDENT TO EPA IN 2001. A STATEMENT OF BASIS (SOB) WAS MADE AVAILABLE TO THE PUBLIC FOR COMMENT IN MAY 2003. IN DECEMBER 2004, EPA ISSUED A FINAL DECISION-RESPONSE TO COMMENTS FOR THE FACILITY. THE CORRECTIVE MEASURES SELECTED FOR IMPLEMENTATION AT THE FACILITY ARE: FOR CONTAMINATED SOILS � THERE ARE TWO COMPONENTS TO THIS ACTION: (1) THE CONSTRUCTION AND MAINTENANCE OF AN ENGINEERED COVER OVER AREAS OF THE FACILITY WHERE SOIL IS CONTAMINATED; AND (2) THE ESTABLISHMENT OF INSTITUTIONAL CONTROLS. FOR CONTAMINATED GROUNDWATER LOCATED ON-SITE - EXTRACTION THROUGH PUMPING, TREATMENT, AND DISPOSAL BY DISCHARGE INTO THE LOCAL SANITARY SEWER SYSTEM. FOR CONTAMINATED GROUNDWATER THAT HAS MIGRATED OFF-SITE � THE GROUNDWATER EXTRACTION, TREATMENT, AND DISPOSAL MEASURE DESCRIBED ABOVE WILL NOT BE EFFECTIVE IN CAPTURING ALL OF THE OFF-SITE CONTAMINATED GROUNDWATER. A LONG TERM GROUNDWATER MONITORING PROGRAM WHICH WILL INCLUDE DOWNGRADIENT MONITORING WELLS WILL BE ESTABLISHED TO VERIFY THAT THIS CONTAMINATED GROUNDWATER DOES NOT REACH RECEPTORS AT LEVELS OF CONCERN. MONITORING DATA WILL BE USED TO CONFIRM THE EFFECTIVENESS OF NATURAL PROCESSES IN ATTAINING MEDIA CLEANUP STANDARDS. IN ADDITION TO MONITORING, A CONTINGENCY PLAN WILL BE PREPARED. THIS CONTINGENCY PLAN WILL PROVIDE A MECHANISM TO INVOKE CONTAINMENT OR TREATMENT MEASURES, IF FUTURE MONITORING RESULTS INDICATE THAT NATURAL PROCESSES ARE INSUFFICIENT TO ACHIEVE MEDIA CLEANUP STANDARDS. THE STATE HAS BEEN INVOLVED IN REVIEWING DOCUMENTS AND HAS CONCURRED ON THE SELECTED CORRECTIVE MEASURES. (DAVID HOEFER, ORC, EXT. 7503; DON BAHNKE, SUPR, EXT. 7747)

Defendants (1)

• UNIVAR USA INCNamed in complaintNamed in settlement

Facilities (1)

• UNIVAR CORPORATION

  4120 BUCKINGHAM PLACE, OMAHA, NE, 68107

  Registry ID: 110000748969

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• UNIVAR USA INCentered 2005-06-16

  Primary law: RCRA

Timeline (3 milestones)

• 2005-06-16Complaint Filed/Proposed Order
• 2005-06-16Final Order Issued
• 2005-06-17Enforcement Action Data Entered