EPA v. FITZ FREIGHT, INC.

Case summary

THIS UNILATERAL ADMINISTRATIVE ORDER IS IN REFERENCE TO A TRANSMITTAL OF REMOVAL ORDER FOR THE FITZ FREIGHT FACILITY HEADQUARTERED IN MIDWEST CITY, OKLAHOMA; AND REGARDING AN INCIDENT THAT OCCURRED 06/28/93, WHEN A TANKER TRUCK OPERATED BY FITZ FREIGHT OVERTURNED NEAR MILE-MARKER 151 ON STATE HIGHWAY 141 NEAR WHITEWATER, COLORADO. APPROXIMATELY 7,000 GALLONS OF PETROLEUM NAPHTHA WAS SPILLED INTO EAST CREEK RESULTING IN AN IMMINENT AND SUBSTANTIAL THREAT TO THE PUBLIC HEALTH AND WELFARE. APPROXIMATELY 2.8 MILES OF EAST CREEK INCLUDING SEDIMENTS AND ADJOINING SHORELINE WAS AFFECTED BY THE SPILL. EAST CREEK IS A TRIBUTARY TO THE GUNNISON RIVER WHICH IS A TRIBUTARY TO THE COLORADO RIVER. APPROXIMATELY 42,000 GALLONS OF CONTAMINATED WATER WITH PRODUCT WERE REMOVED DURING THE INITIAL CLEANUP ACTIVITIES ON OR ABOUT 06/29/92. THE CONTAMINATED SOIL WAS REMOVED FROM THE SPILL SITE IN JULY, 1992. ON 07/17/92, EPA REJECTED A PLAN FOR BIOREMEDIATION OF THE SPILLED MATERIAL. ON 08/05/92, EPA APPROVED A REVISED PLAN FOR BIOREMEDIATION. THREE TREATMENT CELLS WERE CONSTRUCTED NEAR THE SPILL SITE TO CONTAIN THE CONTAMINATED SOIL. THE PETROLEUM NAPTHA CONTAMINATED WATER WAS APPLIED TO THE CONTAMINATED SOIL AND BOTH WERE TREATED USING BIOREMEDIATION. ON 11/19/92 EPA SUBMITTED TO FITZ FREIGHT A NOTICE OF FEDERAL INTEREST IN A POLLUTION INCIDENT IN RESPONSE TO THE SUSPICION THAT THE BIOREMEDIATION WAS NOT EFFECTIVELY CLEANING UP THE CONTAMINATED SOIL. ON 12/02/92, FITZ FREIGHT SUBMITTED ANALYTICAL DATA TO EPA WHICH INDICATED THAT THE TREATMENT WAS UNSUCCESSFUL FOR THE CONTAMINATED SOIL DURING 1992. PRESENTLY, ADDITIONAL TREATMENT OR DISPOSAL IS REQUIRED FOR THE CONTAMINATED SOIL. ON OR ABOUT 12/28/92, EPA SUBMITTED A LETTER TO FITZ REQUESTING A PLAN TO ADDRESS THE CONTAMINATED SOIL. ON 01/20/93 FITZ SUBMITTED AN INADEQUATE PLAN TO ADDRESS THE CONTAMINATED SOIL. ON 01/25/93 FITZ SUBMITTED AN ADEQUATE PLAN.

Defendants (1)

• FITZ FREIGHT INC (MIDWEST CITY, OK)Named in complaint

Facilities (1)

• FITZ FREIGHT INC

  HWY 141, 3 MILES W OF HWY 50 AT MILE MARKER, WHITEWATER, CO, 81527

  Registry ID: 110010692964

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability

Timeline (5 milestones)

• 1993-04-06Enforcement Action Data Entered
• 1993-04-06Complaint Filed/Proposed Order
• 1993-12-17Final Order Issued
• 1993-12-17Compliance Achieved
• 1993-12-17Enforcement Action Closed