EPA v. SEAFAB METAL CORP

Case summary

GROUNDWATER AND SOIL CONTAMINATION INVESTIGATORY ORDER AT A FORMER LEAD SMELTER SITE. CASE OPENED ORC REGION 10 9/29/86; CASE OPENED ENFORCEMENT DOCKET 9/18/87. * SEAFAB FACILITY IS LOCATED ON HARBOR ISLAND, AN INDUSTRIAL AREA WITHIN THE CITY LIMITS OF SEATTLE, WA. HARBOR ISLAND IS SURROUNDED BY WATER, AS IT IS LCOATED IN THE PUGET SOUND, ABOUT 1 MILE FROM DOWNTOWN SEATTLE. THE SEAFAB SITE IS A FORMER LEAD SMELTER AND REFINERY, WHICH IS CURRENTLY USED AS A LEAD FABRICATION OPERATION. THE FACILITY MAINTAINED SEVERAL REGULATED WASTE PILES AND ONE SURFACE IMPOUNDMENT, AS WELL AS SEVERAL OTHER NON- REGULATED UNITS WHICH CONTAINED HAZARDOUS WASTE. THE PILES WERE CLOSED THROUGH REMOVAL OF WASTES, AND THE SURFACE IMPOUNDMENT IS CURRENTLY UNDERGOING CLOSURE. ALL OF THE UNITS WHICH CONTAINED OR CONTAIN HAZARDOUS WASTE AND SEVERAL REPORTED SPILLS OF HAZARDOUS WASTE HAVE CONTAMINATED THE SITE SEVERELY. GROUNDWATER BENEATH THE SITE AT ABOUT 10 FEET DISCHARGES TO THE DUWAMISH RIVER, A MAJOR SALMON MIGRATION RIVER, AND THE PUGET SOUND. SURFACE WATER RUNOFF IS DISCHARGED INTO THE LOCAL STORM SEWER SYSTEM, WHICH ALSO DISCHARGES DIRECTLY TO THE PUGET SOUND. EPA BEGAN INVESTIGATION OF THE SITE ABOUT 2 YEARS AGO, WHEN THE STATE OF WASHINGTON DEPT OF ECOLOGY CONSULTED EPA'S RCRA PROGRAM ON THE FACILITY. AT THAT TIME, ECOLOGY WAS ENGAGED IN ACRIMONIOUS LITIGATION CONCERNING CLOSURE OF A SURFACE IMPOUNDMENT. IN THE COURSE OF THE STATE PROCEEDING, ECOLOGY IDENTIFIED OTHER AREAS OF CONTAMINATION THROUGHOUT THE SITE, CONTAMINATED GROUNDWATER UP GRADIENT FROM THE REGULATED UNIT, SIGNIFICANT GROUNDWATER CONTAMINATION DOWN GRADIENT FROM THE UNIT, AND SUSPECTED OFF-SITE GROUNDWATER CONTAMINATION. ALTHOUGH SEAFAB EVENTUALLY AGREED TO A LIMITED CLOSURE PLAN FOR THE ONE REGULATED UNIT, SEAFAB STEADFASTLY REFUSED (AND REFUSES) TO ADDRESS ANYTHING BUT PURE CLOSURE OF THE SURFACE IMPOUNDMENT WITH LIMITED GROUND- WATER MONITORING AND WITHOUT ANY CORRECTIVE ACTION FOR GROUNDWATER CONTAMINATION, OR OTHER NON-REGULATED UNIT OR OFF-SITE INVESTIGATION. ALL REGULATED UNITS ARE SUBJECT ONLY TO INTERIM STATUS STANDARDS, AS NO WASTE WAS PLACED INTO THEM AFTER 7/6/82. THE FACILITY IS USED FOR SECONDARY LEAD RECLAMATION THROUGH RECYCLING OF BATTERIES. THROUGH THE YEARS, RECLAMA- TION OF BATTERIES AND LEAD SMELTER ACTIVITIES AT THE SITE RESULTED IN THE GENERATION OF LARGE AMOUNTS OF HAZARDOUS WASTE AND CONTAMINATED SOLID WASTE. MUCH OF THIS WASTE WAS STORED OR DISPOSED OF ON-SITE IN VARIOUS PILES OR IMPOUND- MENTS. ALTHOUGH MOST OF THIS WASTE IS NOW REMOVED FROM THE SITE, RELEASES FROM THE UNITS AND THE SMELTER AND OTHER SPILLS HAVE CONTAMINATED THE SOIL AND GROUNDWATER THROUGHOUT THE SITE. IN ADDITION, THE UNLINED SURFACE IMPOUNDMENT CONTINUES TO CONTAIN HAZARDOUS WASTE AND CONTINUES TO BE THE SOURCE OF SIGNIFICANT SOIL AND GROUNDWATER CONTAMINATION. THE LEAD SMELTER AT THE FACILITY HAS NOT BEEN OPERATED SINCE 1984. CURRENT OPERATIONS AT THE FACILITY INCLUDE LEAD FABRICATION, WHERE LEAD BARS OR INGOTS ARE HEATED AND EXTRUDED INTO SHAPES; AND LEAD OXIDE PRODUCTION, WHERE LEAD BARS OR INGOTS ARE GROUND INTO FINE LEAD POWDER OR PELLETS. SEAFAB ALSO STORES METAL PIPES ON THE SITE FOR LOCKHEED. THIS CIVIL ACTION SEEKS INJUNCTIVE RELIEF AND CIVIL PENALTY ASSESSMENT.

Defendants (3)

• SEAFAB METAL CORPNamed in complaintNamed in settlement
• AKA J-T PROPERTIES LIMITED PARTNERSHIP
• AKA SEATTLE LEAD PRODUCTS INC

Facilities (1)

• SEAFAB METALS COMPANY

  2700 16TH AVENUE SW, SEATTLE, WA, 98134

  Registry ID: 110000489757

Statutes cited

• RCRA 3013 — Monitoring, Analysis, Testing

Enforcement conclusions (1)

• SEAFAB METAL CORPentered 1989-04-11

  Primary law: RCRA

  Federal penalty: $61,500

Timeline (8 milestones)

• 1986-11-26Enforcement Action Data Entered
• 1987-10-30Referred To Dept Of Justice
• 1988-01-15Referred TO U.S. Attorney
• 1988-01-20Complaint Filed With Court
• 1989-04-11Final Order Lodged
• 1989-04-11Final Order Entered
• 1989-04-11Concluded
• 1997-06-26Enforcement Action Closed