EPA v. INDIAN BEND WASH (NORTH)

Case summary

INDIAN BEND WASH (NORTH) IS AN NPL SITE LOCATED IN SCOTTSDALE, ARIZONA (CHAPPARAL RD, PIMA RD, SCOTTSDALE RD, MCKELLIPS RD; SOUTHERN HALF OF SCOTTSDALE). THE SITE WAS LISTED BECAUSE GROUNDWATER IN THE AREA HAS BEEN CONTAMINATED WITH VOLATILE ORGANICS (PRIMARILY TCE). THE RI/FS WAS CONDUCTED. IN SEPTEMBER 1988 THE EPA SIGNED AN OPERABLE UNIT ROD FOR THE MIDDLE AND LOWER AQUIFERS. A FINAL ROD FOR THE ENTIRE SITE (INCLUDING SOILS AND THE UPPER AQUIFER) IS EXPECTED THE END OF FY90. EPA SENT SPECIAL NOTICE LETTERS TO THE PRP'S IN MARCH OF 1989. NEGOTIATIONS FOR AN OPERABLE UNIT RD/RA CONSENT DECREE WERE NOT PROGRESSING SO THE REGION ISSUED A 106 ADMINISTRATIVE ORDER AGAINST THE PRP'S IN JULY 1989. EPA AND DOJ (LESLIE ALLEN) CONTINUED NEGOTIATING WITH THE PRP'S AND A CONSENT DECREE FOR THE RD/RA IS EXPECTED IN FEBRUARY 1990. THE CITY OF SCOTTSDALE AND STATE OF AZ MAY SIGN AS CO-PLAINTIFFS WITH EPA. -------------------------------------------- Additional Background: The Indian Bend Wash (North) Superfund Site (���NIBW���) saga began in 1981 when the City of Scottsdale discovered that its drinking water wells were contaminated with volatile organic compounds (���VOCs���), primarily TCE and PCE. In 1983, EPA listed NIBW on the NPL. The first ROD for NIBW was signed in 1988 and that was followed by the first Consent Decree in 1991. The 1991 Decree required Motorola, Inc., Siemens Corporation, SmithKline Beecham, Inc., and the Salt River Project (the Defendants ) to construct a groundwater treatment system to contain the plume and provide the City of Scottsdale with a drinking water supply and to prepare a supplemental study to analyze if these remedial actions would prevent further migration of the contamination. In the mid 1990s, it became clear that the contaminated plume was not contained and that it was migrating north, potentially contaminating the drinking water supply of the neighboring City of Paradise Valley. From 1995 to 2000, the Defendants, under EPA���s oversight, prepared an extensive supplemental study of NIBW with a detailed analysis of alternatives to remediate the contamination and preserve the drinking water supplies. The Defendants also began a series of voluntary construction actions to institute source control and try to stop the contamination. from migrating to the City of Paradise Valley drinking water wells. This resulted in the construction of three new treatment plants and modification of the existing treatment plant, at a total additional cost of approximately $70 million. In 2001, EPA amended the 1988 ROD to select a final remedy for NIBW based upon the supplemental study. The Amended ROD requires restoration of the aquifers to beneficial use as a drinking water resource, requires plume containment by the treatment systems, and makes ongoing operation and maintenance of the Defendants��� voluntary actions mandatory and subject to EPA oversight and control. The additional costs of the remedy enhancements required by the Amended ROD is approximatley $4.2 million. Total net present worth of the final remedy is estimated to be $ 129 million. The final Decree implements the 2001 Amended ROD. It also insures that all four of the groundwater treatment plants are subject to the relevant and appropriate RCRA requirements for the treatment of VOCs at the plants, the Safe Drinking Water Act requirements for treated water used as a drinking water supply, and the Clean Water Act NPDES requirements for water discharged into the Salt River Project���s canal system. The Amended Decree ( Decree ) was lodged in U.S. District Court in Arizona on October 31, 2002. The Decree requires Motorola, Inc., Siemens Corporation, SmithKline Beecham, Inc., the Salt River Project and the City of Scottsdale to implement the final remedy for contaminated groundwater at the site. The City of Scottsdale is not a liable party, but joins the Decree as a necessary par

Defendants (5)

• City of ScottsdaleNamed in settlement
• MOTOROLANamed in complaintNamed in settlement
• SALT RIVER PROJECTNamed in complaintNamed in settlement
• SIEMENSNamed in complaintNamed in settlement
• SMITHKLINE BECKMANNamed in complaintNamed in settlement

Facilities (1)

• INDIAN BEND WASH NORTH

  CHAPPARAL PIMA MCKELLIPS RDS, SCOTTSDALE, AZ, 85253

  Registry ID: 110010729738

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (3)

• IBW Amended CDentered 2003-06-05

  Primary law: CERCLA

• IBW CD #2 (SIEMENS)entered 1993-08-11

  Primary law: CERCLA

• IBW CD #1 (MOTOROLA)entered 1992-04-28

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-03-01Enforcement Action Data Entered
• 1989-03-01PRN Sent
• 1991-07-02Referred To Dept Of Justice
• 1991-11-25Complaint Filed With Court
• 2002-10-31Final Order Lodged
• 2003-06-05Final Order Entered