EPA v. NORTH 1ST STREET & FRANKLIN AVENUE

Case summary

ON JUNE 16, 2007, EPA REGION VII ISSUED AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION (“AGREEMENT”) PURSUANT TO SECTIONS 104, 106(A), 107 AND 122 OF CERCLA. THE AGREEMENT REQUIRES THE RESPONDENT, THE UNIFIED GOVERNMENT OF WYANDOTTE/KANSAS CITY, KANSAS (“UG”) TO PERFORM A REMOVAL ACTION ON PROPERTY IT CURRENTLY OWNS TO ADDRESSES THE RELEASE OR THREAT OF RELEASE OF PCBS, ASBESTOS, PESTICIDES OR OTHER HAZARDOUS SUBSTANCES. BACKGROUND: THE FIVE-ACRE SITE IS LOCATED IN KANSAS CITY, KANSAS IN AN INDUSTRIAL ZONED AREA. HOWEVER, LOW-INCOME RESIDENTIAL HOUSING COMPLEXES ARE LOCATED NORTH AND WEST OF THE SITE. THE SITE PROPERTY IS CURRENTLY UNUSED. IN MAY OF 2006, THE UG LEASED THE PROPERTY FOR 3 YEARS TO A COMPANY KNOWN AS INDUSTRIAL LIQUIDATORS, WHO SUBSEQUENTLY ABANDONED THE PROPERTY BEFORE THE LEASE TERMINATED. PRIOR TO 2006, THE UG USED THE PROPERTY AS A MAINTENANCE AND STORAGE FACILITY FOR ITS STREET’S AND PARKS AND RECREATION DEPARTMENTS. THE EPA CONDUCTED ITS INITIAL INVESTIGATION IN MARCH 2009 AND FOUND THAT THE SITE CONSISTED OF 2 MAIN ONE-STORY BRICK STRUCTURES, THE REMAINS OF A SHED, AND NUMEROUS ABANDONED DRUMS AND CONTAINERS, AN ELECTRICAL TRANSFORMER AND GENERAL REFUSE. THE 2 MAIN STRUCTURES WERE IN A DILAPIDATED CONDITION AND WERE UNSECURED (NO DOORS OR WINDOWS). THE CONCRETE FLOOR IN THE NORTH STRUCTURE IS PREDOMINATELY COVERED WITH ELECTRICAL COMPONENTS AND RELEASED PESTICIDE RESIDUE. A DRUM STORAGE AREA WAS LOCATED ON THE EAST SIDE OF THE PROPERTY. A BUILDING THAT FORMERLY SHELTERED THE DRUMS HAD COLLAPSED, TRAPPING SEVERAL DRUMS UNDERNEATH. NUMEROUS METAL DUMPSTERS AND STORAGE CONTAINERS WERE LOCATED ON-SITE. THE AGREEMENT REQUIRES THE UG TO CHARACTERIZE ALL THE WASTE THAT EXISTS ON-SITE AND COLLECT AND DISPOSE OF ALL HAZARDOUS SUBSTANCES.

Defendants (1)

• UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITYNamed in complaintNamed in settlement

Facilities (1)

• NORTH 1ST STREET & FRANKLIN AVENUE

  NORTH 1ST STREET & FRANKLIN AVENUE, KANSAS CITY, KS, 66101

  Registry ID: 110039157532

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• NORTH 1ST STREET & FRANKLIN AVENUEentered 2009-06-16

  Primary law: CERCLA

Timeline (3 milestones)

• 2009-06-16Complaint Filed/Proposed Order
• 2009-06-16Final Order Issued
• 2009-06-22Enforcement Action Data Entered