EPA v. VALLEY WOOD PRESERVING

Case summary

THE VALLEY WOOD PRESERVING, INC. SITE IS A FORMER WOOD TREATING FACILITY WHICH COVERS APPROXIMATELY 14 ACRES IN TURLOCK, CALIFORNIA. THE FACILITY WAS IN OPERATION FROM 1973 TO 1979 WHEN IT WAS SHUT DOWN BY THE REGIONAL WATER QUALITY CONTROL BOARD. BOTH THE WATER BOARD AND DHS ENGAGED IN ON AND OFF REMEDIAL EFFORTS AT THE SITE UNTIL IT WAS LISTED ON THE NPL IN 1989. SINCE THE SITE WAS LISTED, VALLEY WOOD PRESERVING, INC. HAS ENTERED INTO ADMINISTRATIVE CONSENT ORDERS WITH EPA TO PERFORM BOTH INTERIM GROUNDWATER TREATMENT AND THE SITE RI/FS. ON SEPTEMBER 27, 1991, REGION 9 SIGNED A RECORD OF DECISION SELECTING A FINAL REMEDY FOR THE VALLEY WOOD PRESERVING, INC. SUPERFUND. THE FINAL REMEDY WILL CONSIST OF CONTINUATION OF AN INTERIM GROUNDWATER PUMP AND TREAT SYSTEM AS WELL AS EXCAVATION AND FIXATION OF SOIL. THE CONTAMINANTS OF CONCERN AT THE SITE ARE CHROMIUM AND ARSENIC. ON SEPTEMBER 30, 1991, REGION 9 SENT SPECIAL NOTICE AND DEMAND LETTERS TO THE OWNER/OPERATOR PRPS AND INITIATED THE 60 DAY MORATORIUM FOR NEGOTIATION OF AN RD/RA CONSENT DECREE. ON JUNE 30, 1994, REGION IX REFERRED COST RECOVERY LITIGATION FOR THE VALLEY WOOD SUPERFUND SITE, LOCATED IN STANISLAUS COUNTY, CALIFORNIA. THE VALLEY WOOD SUPERFUND SITE WAS FORMERLY A WOOD PRESERVING FACILITY WHICH OPERATED FROM 1973 TO 1979. WOOD PRESERVING OPERATIONS RESULTED IN ON-SITE AND OFF-SITE SOIL AND GROUNWATER CONTAMINATION. THE CONTAMINANTS OF CONCERN INCLUDE HEXAVALENT CHROMIUM AND ARSENIC. UNDER STATE AND EPA DIRECTION, REMEDIATION ACTIVITIES INCLUDED THE REMOVAL OF UNDERGROUND STORAGE TANKS, A REMEDIAL INVESTIGATION/ FEASIBILITY STUDY, AND OPERATION OF A GROUNDWATER TREATMENT SYSTEM. THIS REFERRAL SEEKS TO RECOVER APPROXIMATELY $1.1 MILLION IN PAST RESPONSE COSTS AND INTEREST, PLUS STIPULATED PENALTIES AND FUTURE COSTS, FROM SIX RESPONSIBLE PARTIES, INCLUDING PRIOR & CURRENT OWNERS & OPERATORS OF THE SITE.

Defendants (6)

• FONTANA WOOD PRESERVING, INC.Named in complaintNamed in settlement
• LOGSDON, HAROLDNamed in complaintNamed in settlement
• LOGSDON, JOYCENamed in complaintNamed in settlement
• LOGSDON, MICHAELNamed in complaintNamed in settlement
• SHURTLIFF, GERALD LYNNNamed in settlement
• VALLEY WOOD PRESERVING, INC.Named in complaintNamed in settlement

Facilities (1)

• VALLEY WOOD PRESERVING

  2237 GOLDEN STATE BLVD, TURLOCK, CA, 95380

  Registry ID: 110002940658

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• VALLEY WOOD SECOND PARTIAL CDentered 1998-08-26

  Primary law: CERCLA

• VALLEY WOOD PRESERVING, INC.entered 1997-03-26

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-08-01Enforcement Action Data Entered
• 1991-08-01PRN Sent
• 1994-06-30Referred To Dept Of Justice
• 1994-09-23Complaint Filed With Court
• 1998-08-17Final Order Lodged
• 1998-08-26Final Order Entered
• 1998-08-26Concluded