EPA v. PACIFICORP DBA UTAH POWER & LIGHT/AMERICAN BARREL

Case summary

THE SITE IS DEFINED AS AMERICAN BARREL YARD AND THE EXTENT OF CONTAMINATION FROM PAST ACTIVITIES ON THE YARD. THE MAJOR PORTION OF THE CITY BLOCK IS REFERRED TO AS THE STUDY AREA. ACTIVITIES BEGAN AT THE UP&L/ABS AS EARLY AS 1973 AND CONTINUED UNTIL 1987. THE FIRST PROCESS TO BE CONDUCTED ON THIS SITE WAS COAL GASIFICATION. THE PROCESS PRODUCED A VARIETY OF BY-PRODUCTS HAVING SOME COMMERCIAL VALUE, INCLUDING COKE, AMMONIA, AND LIGHTER TARS AND SLUDGES WHICH WERE SOLD TO REFINERS OR TO THE PUBLIC. DISTILLATION BY- PRODUCTS FROM THE REFINEMENT OF TARS INCLUDED TOLUENE, NAPHTHALENE, ANTHRACENE, AND PHENOLS. BY-PRODUCTS HAVING NO COMMERCIAL VALUE WERE ALSO PRODUCED: ASH, CLINKERS, HEAVY TARS, SLUDGES, LIME SLUDGES, SPENT IRON OXIDES, LIQUID WASTES, AND STEAM CONDENSATES. THESE PRODUCTS WERE COMMONLY DISPOSED OF IN ON-SITE PITS AND OFF-SITE LANDFILLS. COAL GASIFICATION OPERATIONS CEASED IN 1908. CREOSOTE POLE TREATING OPERATIONS WERE CONDUCTED O THE ABY AND SEA AS EARLY AS 1927. WHEN THE POLE TREATING OPERATIONS CEASED THE ABY WAS USED AS A STORAGE YARD FOR 55-GALLON DRUMS. UP TO 50,000 DRUMS WERE STORED AT ANY ONE TIME ON VIRTUALLY ALL PORTIONS OF THE ABY EXCEPT FOR THE YARD MARGINS, AREAS ALLOWING FOR VEHICLES, AND THE EXTREME SOUTHWEST EXTENSION OF THE CRESCENT-SHAPED AREA. WHILE NO CLEANING OF DRUMS OR RECYCLING OF CONTENTS WAS REPORTED TO HAVE TAKEN PLACE ON THE YARD, SOME BARRELS CONTAINED RESIDUAL PRODUCTS AND LEAKS OCCURRED. ACCORDING TO LABELS FOUND ON SOME OF THE DRUMS, THE VARIETY OF CONTENTS INCLUDED: PESTICIDES, SOLVENTS, RESINS, PAINTS AND PAINT REMOVERS, KEROSENE, GASOLINE, ACETONE, ETC. IT IS ASSUMED THAT THE ENTIRE ABY WAS VULNERABLE TO LEAKS AND SPILLS OF THE DRUM CONTENTS. THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST 10/89. THE PROJECTED FUTURE REMEDIAL EFFORTS PLAN WAS ISSUED 03/26/93. THE REMEDY SELECTION CONSISTS OF ASPHALT BATCHING AND INCINERATION OF ANY CHARACTERISTIC HAZARDOUS WASTES. EPA WILL ATTEMPT TO NEGOTIATE A CONSENT DECREE WITH THE SPECIAL NOTICE RECIPIENTS FOR CONDUCT OF THE REMEDIAL ACTION. THE ROD HAS BEEN DRAFTED. EPA AND UP&L ENTERED INTO A PAST COST SETTLEMENT IN THE RI/FS ADMINISTRATIVE ORDER ON CONSENT. UP&L HAS BEEN BILLED ANNUALLY FOR AOC OVERSIGHT AND IS CURRENTLY IN COMPLIANCE. COSTS FOR IMPLEMENTATION OF THE PREFERRED ALTERNATIVE HAVE A TOTAL PRESENT VALUE OF $10,583,000 WITH ANNUAL OPERATION AND MAINTENANCE COSTS OF $1,971,000 FOR 360 MONTHS. THE SCOPE OF RELIEF SOUGHT IS THE IMPLEMENTATION OF THE REMEDIAL ACTIVITIES THAT ARE DETAILED IN THE ROD, PLUS RECOVERY FUTURE RESPONSE COSTS.

Defendants (4)

• AMERICAN BARREL & COOPERAGE COMPANY INCNamed in complaintNamed in settlement
• DENVER & RIO GRANDE WESTERN RAILROAD CONamed in complaintNamed in settlement
• PACIFICORP DBA UTAH POWER & LIGHT/AMERINamed in complaintNamed in settlement
• UNION PACIFIC RAILROAD COMPANYNamed in complaintNamed in settlement

Facilities (8)

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

• PACIFICORP GADSBY

  1407 WEST NORTH TEMPLE, SALT LAKE CITY, UT, 84116

  Registry ID: 110000896816

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• PACIFICORP DBA UTAH POWER/LIGHentered 1995-04-26

  Primary law: CERCLA

Timeline (9 milestones)

• 1993-05-01Enforcement Action Data Entered
• 1993-05-28Referred To Dept Of Justice
• 1993-05-28PRN Sent
• 1994-12-02Complaint Filed With Court
• 1995-04-26Enforcement Action Closed
• 1995-04-26Final Order Lodged
• 1995-04-26Final Order Entered
• 1995-04-26Concluded
• 2015-07-10Consent Decree Amendment