EPA v. MARE ISLAND NAVAL SHIPYARD

Case summary

ON DECEMBER 20, 2001, REGION IX FILED A COMPLAINT AND ADMIN ORDER ON CONSENT AND FINAL ORDER (CA/FO) PURSUANT TO 40 C.F.R. PART 22 AGAINST THE UNITED STATES NAVY TO RESOLVE VIOLATIONS OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ) AND THE POLYCHLORINATED BIPHENYL (PCB) REGULATIONS IMPLEMENTING TSCA AT THE MARE ISLAND NAVAL SHIPYARD IN VALLEJO, CALIF. (MARE ISLAND). MARE ISLAND WAS CLOSED BY THE NAVY IN 1996 PURSUANT TO THE BASE REALIGNMENT AND CLOSURE (BRAC) ACT. ALTHOUGH MANY AREAS OF PCB CONTAMINATION HAD BEEN REMED- IATED AT MARE ISLAND BY THE NAVY, LEVELS OF PCBS SUBJECT TO TSCA REGULATIONS STILL REMAINED IN MANY AREAS. IN APR. 2000 THE CITY OF VALLEJO (VALLEJO) REQUESTED THAT PORTIONS OF MARE ISLAND, INCLUDING AREAS STILL CONTAMINATED WITH PCB'S, BE TRANSFERRED TO THEM FOR REDEVELOPMENT AND REUSE. THE NAVY THEN PROPOSED TO TRANSFER A 680 ACRE PORTION OF MARE ISLAND KNOWN AS THE EASTERN EARLY TRANSFER PARCEL TO VALLEJO PURSUANT TO THE EARLY TRANSFER PROVISIONS OF CERCLA 120(H), 42 U.S.C. 9620. VALLEJO INTENDS TO IMMEDIATELY TRANSFER THE PROPERTY TO THE LENNAR MARE ISLAND (LMI) PARTNERSHIP, A PRIVATE DEVELOPER WHO PLANS TO REMEDIATE AND DEVELOP THE PROPERTY FOR COMMERCIAL AND INDUSTRIAL REUSE. ------- THE CA/FO RESOLVES A DISPUTE OVER WHETHER THE NAVY TRANSFER AND VALLEJO AND LMI RECEIPT AND USE OF PCB-CONTAMINATED PORTIONS OF THE PROPERTY WOULD VIOLATE TSCA PCB DISPOSAL REGULATIONS AT 40 CFR SEC'S 761.61 (A) AND (C). VALLEJO AND LMI MOVED TO INTERVENE IN THE ACTION PURSUANT TO 40 CFR SECTION 22.11 BECAUSE AS FUTURE OWNERS OF THE PROPERTY AND UNDER THE TERMS OF A CONSENT AGREEMENT WITH THE STATE OF CALIFORNIA AND AN ENVIRONMENTAL SERVICES COOPERATIVE AGREE- MENT WITH THE NAVY, THEY HAVE ASSUMED CERTAIN RESPONSIBILITY FOR TSCA COMPLIANCE AT THE PROPERTY. THE NAVY SIGNED THE CA/FO AS THE OWNER OF THE PROPERTY; VALLEJO AND LMI SIGNED THE CA/FO AS INTERVENORS. ------- IN LIEU OF A PENALTY, THE CA/FO IMPOSES STRICT CONDITIONS ON THE USE AND TRANSFER OF THE PROPERTY, SETS OUT A STANDARD FOR COMPLIANCE WITH THE PCB DISPOSAL REGULATIONS BY THE TRANSFEREES AND SUBJECTS VALLEJO AND LMI TO STIPULATED AND CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THE CA/FO. THE NAVY REMAINS ULTIMATELY RESPONSIBLE IF THE TRANSFEREES DO NOT COMPLY WITH THE CA/FO

Defendants (3)

• CITY OF VALLEJONamed in settlement
• LENNAR MARE ISLAND LLPNamed in settlement
• UNITED STATES NAVYNamed in complaintNamed in settlement

Facilities (1)

• MARE ISLAND NAVAL SHIPYARD

  680 ACRE PARCEL ON EASTERN END OF MARE ISLAND, VALLEJO, CA, 94590

  Registry ID: 110009267248

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• MARE ISLAND NAVAL SHIPYARDentered 2001-12-20

  Primary law: TSCA

Timeline (4 milestones)

• 2001-12-20Complaint Filed/Proposed Order
• 2001-12-20Final Order Issued
• 2002-03-12Enforcement Action Data Entered
• 2002-03-12Enforcement Action Closed