EPA v. INDUSTRIAL WASTE PROCESSING

Case summary

ON APRIL 23, 1997, THE UNITED STATES LODGED A CONSENT DECREE WITH THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA IN FRESNO. UNDER THE TERMS OF THE CONSENT DECREE, FOUR POTENTIALLY RESPONSIBLE PARTIES HAVE AGREED TO PERFORM A NON-TIME CRITICAL REMOVAL ACTION FOR THE SOILS OPERABLE UNIT AT THE INDUSTRIAL WASTE PROCESSING SUPERFUND SITE. THE FOUR PRPS ARE: AMERICAN NATIONAL CAN COMPANY; CONTINENTAL CAN COMPANY, INC., REPRESENTED BY CROWN BEVERAGE PACKAGING, INC.; NL INDUSTRIES INC.; AND TRI-VALLEY GROWERS. THE RESPONSE ACTION WILL INVOLVE THE EXCAVATION OF ONSITE AND SURROUNDING OFFSITE SURFACE SOILS CONTAINING LEAD IN EXCESS OF 400 MG/KG AND VOLATILE ORGANIC COMPOUNDS IN EXCESS IF 7 MG/KG, AND THE TRANSPORTATION OF THAT CONTAMINATED SOILS TO AN OFFSITE TREATMENT AND DISPOSAL FACILITY. IN ADDITION TO PERFORMING THE RESPONSE ACTION THE SETTLING PRPS WILL PAY $500,000 IN PAST COSTS. (UNDER A PRIOR ADMINISTRATIVE SETTLEMENT EPA RECEIVED PAYMENT OF APPROXIMATELY $1.3 MILLION IN PAST COSTS). EPA IS ALSO IMPLEMENTING THE ORPHAN SHARE REFORM AT THE SITE BY PROVIDING FOR A REDUCTION OF OVERSIGHT COSTS IN THE AMOUNT OF $163,000. IWP CONDUCTED OPERATIONS AS AN INDUSTRIAL WASTE RECLAMATION FACILITY BETWEEN 1966 AND 1981. DURING IWP'S YEARS OF OPERATION VARIOUS TYPES OF INDUSTRIAL WASTES WERE SENT TO THE SITE, INCLUDING SPENT SOLVENTS, LEAD SOLDER WASTES, AND GLYCOL WASTE FROM NATURAL GAS PRODUCTION. THE SITE WAS ADDED TO THE NATIONAL PRIORITIES LIST IN AUGUST 1990.

Defendants (5)

• AMERICAN NATIONAL CAN COMPANYNamed in complaintNamed in settlement
• CROWN BEVERAGE PACKAGING, INC.Named in complaint
• NL INDUSTRIES, INC.Named in complaint
• TRI-VALLEY GROWERSNamed in complaint
• INDUSTRIAL WASTE PROCESSINGNamed in complaint

Facilities (1)

• INDUSTRIAL WASTE PROCESSING

  7140 N HARRISON, FRESNO, CA, 93650

  Registry ID: 110009267346

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AMERICAN NATIONAL CAN COMPANYentered 1997-07-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-02-06Enforcement Action Data Entered
• 1997-02-06Referred To Dept Of Justice
• 1997-04-23Final Order Lodged
• 1997-04-23Complaint Filed With Court
• 1997-07-30Concluded
• 1997-07-30Final Order Entered
• 1997-09-08Enforcement Action Closed