EPA v. WALLACE/SIDELL

Case summary

COST RECOVERY ACTION UNDER SECTION 107B OF CERCLA, 42 USC, 9607, AS AMENDED BY SARA, 100 STAT, 9613 (1086), TO RECOVER $842,929. FROM RESPONSIBLE PARTIES AT NORTHWEST TRANSFORMER SALVAGE YARD IN EVERSON, WA FOR A CERCLA SECTION 104 REMOVAL ACTION TO CLEANUP HAZARDOUS SUBSTANCES FROM THE NORTHWEST TRANSFORMER SUPERFUND SITE. ON 4/4/85 A CERCLA IMMEDIATE REMOVAL ACTION WAS INITIATED BY THE REGION 10 EPA AT THE NORTHWEST SALVAGE YARD NEAR EVERSON, WA. ON 10/15/84 THE AGENCY PROPOSED PLACEMENT OF SITE ON NPL LIST. PLACEMENT WAS FINALIZED 6/10/86. PURPOSE OF REMOVAL ACTION WAS TO REDUCE THE HEALTH AND ENVIRONMENTAL HAZARDS PRESENTED BY HIGH LEVELS OF PCB AND ORGANIC SOLVENTS FOUND TO BE PRESENT IN SOIL DURING A 3/85 SITE ASSESSMENT CONDUCTED BY REGION 10 FIELD INVESTIGATION TEAM. 30 PCB-CONTAMINATED TRANSFORMERS WERE FOUND ON SITE AND PCB CONCENTRATIONS IN SOIL RANGED AS HIGH AS 38,000 PPM. SITE WAS UNSECURED AT THE TIME OF INITIAL INVESTIGA- TION AND POTENTIAL EXISTED FOR DIRECT CONTACT WITH CONTAMIN- ATED SOIL, LIQUID AND DEBRIS DURING UNAUTHORIZED SITE ENTRY. THIS THREAT WAS COMPOUNDED BY THE POSSIBLE PRESENCE OF DIOXIN AND FURAN CONTAMINATION IN THE AREA OF THE FORMER AIR CURTAIN INCINERATOR ON THE SITE. ON 3/29/85 EPA ISSUED A CERCLA 106 ORDER TO THE SITE OPERATOR REQUIRING A WRITTEN VERBAL REPLY BY 1600 HOURS ON 4/1/85. THE 106 ORDER REQUIRED THE SITE OPERATOR TO: 1) PROVIDE INFORMATION CONCERNING ALL ELECTRICAL TRANSFORM- ERS AT THE SITE; 2) IDENTIFY WHERE THEY WERE OBTAINED AND WHERE THEY WERE DISPOSED OF; 3) PROVIDE INVENTORY OF PCB- CONTAMINATED MATERIALS AND ANY OTHER HAZARDOUS MATERIALS ON THE SITE; 4) PROVIDE LISTING OF ALL MATERIALS THAT WERE BURNED WITHIN THE INCINERATOR; 5) ENCLOSE SITE WITHIN AN 8-FOOT CHAIN-LINK FENCE, WITH 3 STRANDS OF BARBED WIRE ON TOP; 6) PREPARE AND IMPLEMENT A TRANSFORMER AND SOIL SAMPLING PLAN; 7) REMOVE AND PROPERLY DISPOSE OF PCB- CONTAMINATED SOIL AND LIQUID; 8) SAMPLE DRINKING WATER WELL ONSITE AND RESIDENTIAL WELLS IN THE IMMEDIATE AREA. WHEN OPERATOR DECLINED TO UNDERTAKE THE CLEANUP OF THE SITE, EPA ISSUED A DELIVERY ORDER ON 4/13/85 FOR CLEANUP CONTRACTOR SERVICES TO BEGIN ON 4/4/85. REGION 10 EPA TOOK THE LEAD IN REMOVAL ACTION WITH JAMES WILLMAN, WILLIAM LONGSTON AND JOHN SAINSBURY SERVING AS ONSITE COORDINATORS DURING THE COURSE OF THE OPERATION. THE IMMEDIATE REMOVAL LASTED FORM 4/4/85 TO 5/17/85 AT THE COST OF APPROXIMATELY $600,000. THE EFFORT RESULTED IN EXCAVATION AND DISPOSAL OF APPROXIMATELY 1,400 CUBIC YARDS OF CONTAMINATED SOIL AND SOLID DEBRIS; DRAINING, RINSING AND CLEANING OF 35 TRANSFORMERS; REMOVAL OF APPROXIMATELY 6,000 GALLONS OF PCB-CONTAMINATED LIQUIDS; REMOVAL OF 4 TRANSFORMERS AND ONE DRUM FOUND TO CONTAIN PCB'S AT LEVELS GREATER THAN 500 PPM.

Defendants (14)

• CLALLUM COUNTY PUD #1 (GENERATOR)Named in complaintNamed in settlement
• COWLITZ COUNTY PUD (GENERATOR)Named in complaintNamed in settlement
• ESTATE OF CLAUDE POTTS (OWNER/OP)
• NORTHWEST ELECTRIC CO (GENERATOR)Named in complaintNamed in settlement
• NORTHWEST TRANSFORMER CO AKANamed in complaintNamed in settlement
• NORTHWEST TRANSFORMER SALVAGE YARD
• ORCAS POWER & LIGHT CO (GENERATOR)Named in complaintNamed in settlement
• PENINSULA LIGHT CO (GENERATOR)Named in complaintNamed in settlement
• SEATTLE, CY OF (GENERATOR)Named in complaintNamed in settlement
• SIDELL, MERLE (OWNER/OP)Named in complaintNamed in settlement
• SNOHOMISH COUNTY PUD #1 (GENERATOR)Named in complaintNamed in settlement
• WALLACE, NOAH (OWNER/OP)Named in complaintNamed in settlement
• WALLACE, RON/NORTHWEST TRANS (OWNER/OP)
• WHATCOM BUILDERS SUPPLY CO (OWNER/OP)Named in complaintNamed in settlement

Facilities (1)

• NW TRANSFORMER HARKNESS

  107 S HARKNESS ST, EVERSON, WA, 98247

  Registry ID: 110005316693

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• NORTHWEST TRANSFORMERentered 1992-01-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-11-01Enforcement Action Data Entered
• 1988-04-20Referred To Dept Of Justice
• 1988-05-12Complaint Filed With Court
• 1992-01-14Final Order Lodged
• 1992-01-14Final Order Entered
• 1992-01-14Concluded
• 1992-07-24Enforcement Action Closed