EPA v. TACOMA TAR PITS

Case summary

THIS ACTION INVOLVES THE FILING OF A CIVIL ACTION TO SEEK COSTS AND INJUNCTIVE RELIEF PURSUANT TO SECTIONS 106 AND 107 OF CERCLA AS AMENDED BY SARA, 42 USC, 9606 AND 9607. THE SUBJECT OF THIS ACTION IS THE TACOMA TAR PITS SITE IN TACOMA, WA. THIS SITE IS PART OF THE LARGER COMMENCEMENT BAY-NEARSHORE TIDEFLATS SITE, WHICH IS ON THE NPL. A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY OF THE TACOMA TAR PITS SITE, CONDUCTED BY SEVERAL POTENTIALLY PRP'S PURSUANT TO AN ADMINISTRATIVE ORDER ISSUED BY EPA, WAS COMPLETED IN 10/87. EPA ISSUED A ROD ON 12/30/87 SET- TING FORTH THE SELECTED REMEDIAL ACTION FOR THE SITE. SPECIAL NOTICE LETTERS WERE SENT TO 14 PRP'S IN 4/88, PURSUANT TO SECTION 122 OF CERCLA, 42 USC, 9622, INITIATING A NEGOTIATION MORATORIUM BETWEEN EPA AND THESE PARTIES. THE PRP'S INCLUDE GENERATORS, OWNERS AND OPERATORS, AND ADJACENT LANDOWNERS WHOSE PROPERTY IS A PART OF THE SITE. AFTER NEARLY 5 MONTHS OF NEGOTIATIONS, WHICH INCLUDE A 30-DAY EXTENSION BY REGION 10 OF THE 120-DAY MORATORIUM PERIOD UNDER CERCLA, A COMPREHENSIVE SETTLEMENT HAS BEEN AGREED TO IN PRINCIPLE BY ALL THE PARTIES. BASED UPON INFORMATION SUBMITTED BY THE PARTIES DURING THE MORATORIUM PERIOD, IT WAS DETERMINED THAT THE GENERATORS AND ADJACENT LANDOWNERS QUALIFIED FOR 'DE MINIMUS' SETTLE- MENTS UNDER SECTION 122(G) OF CERCLA, 42 USC, 9622(G). PARTIAL CONSENT DECREES REQUIRING CASH PAYMENTS COVERING ALL PAST RESPONSE COSTS HAVE BEEN NEGOTIATED WITH THESE PARTIES. A CONSENT DECREE HAS ALSO BEEN NEGOTIATED WITH THE OWNERS AND OPERATORS WHICH REQUIRES IMPLEMENTATION OF THE REMEDIAL ACTION SET FORTH IN THE ROD, AND PAYMENT OF ALL FUTURE RESPONSE COSTS INCURRED BY THE U S. THE 3 CONSENT DECREES HAVE BEEN NEGOTIATED BY A GOVERN- MENT TEAM WHICH INCLUDES MEMBERS FROM ALL OF OUR STAFF. THERE HAS BEEN EXCELLENT COMMUNICATION THROUGHOUT THIS PROCESS, AND THE END RESULT IS A COMPREHENSIVE SETTLEMENT REQUIRING COMPLETE CLEANUP AND REIMBURSEMENT OF COSTS WITH LIMITED EXPENDITURE OF GOVERNMENT RESOURCES. IF, DESPITE THE AGREEMENT IN PRINCIPLE, THE OWNERS AND OPERATORS DECLINE TO ENTER INTO THE CONSENT DECREE WITH THE U S, REGION 10 IS PREPARED TO ISSUE A UNILATERAL ADMINISTRATIVE ORDER, PURSUANT TO SECTION 106 OF CERCLA, 42 USC, 9606, REQUIRING THE OWNERS AND OPERATORS TO PERFORM THE REMEDIAL ACTION SET FORTH IN THE ROD. THIS COULD OCCUR SIMULTANEOUSLY WITH THE LODGING OF THE 2 PARTIAL CONSENT DECREES FOR 'DE MINIMUS' SETTLEMENTS.

Defendants (15)

• JOSEPH SIMON & SONS INCNamed in complaintNamed in settlement
• BURLINGTON NORTHERN RAILROAD CONamed in complaintNamed in settlement
• CHELAN CO PUD #1Named in complaintNamed in settlement
• DOUGLAS CO PUD #1Named in complaintNamed in settlement
• DVR, L.L.C.
• HANSON, LARRY JNamed in complaintNamed in settlement
• HYGRADE FOOD PRODUCTSNamed in complaintNamed in settlement
• LEWIS CO PUD #1Named in complaintNamed in settlement
• PUGET SOUND & LIGHT CONamed in complaintNamed in settlement
• SEATTLE CITY LIGHTNamed in complaintNamed in settlement
• SIMCHUCK, JOHN DNamed in complaintNamed in settlement
• TACOMA CITY LIGHTNamed in complaintNamed in settlement
• TACOMA, CY OFNamed in complaintNamed in settlement
• UNION PACIFIC RAILROAD CONamed in complaintNamed in settlement
• WASHINGTON NATURAL GAS CONamed in complaintNamed in settlement

Facilities (2)

• JOSEPH SIMON & SONS INCORPORATED

  2202 E RIVER ST, TACOMA, WA, 984211595

  Registry ID: 110000828418

• COMMENCEMENT BAY, NEAR SHORE/TIDE FLATS

  ADJ TO RUSTON WAY & TIDEFLATS IND AREA, PIERCE COUNTY, WA, 98421

  Registry ID: 110009319996

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106B — Superfund
• CERCLA 107C3 — Treble Damages
• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (3)

• WA NATURAL GAS/SIMON & SONSentered 1991-10-22

  Primary law: CERCLA

• WA NATURAL GAS/TACOMA CY ET ALentered 1991-05-10

  Primary law: CERCLA

• WA NATURAL GAS/UTILITIESentered 1991-10-22

  Primary law: CERCLA

Timeline (9 milestones)

• 1984-06-01Enforcement Action Data Entered
• 1989-03-13Referred To Dept Of Justice
• 1989-11-21Returned To Region
• 1990-03-28Rereferred
• 1990-09-11Complaint Filed With Court
• 1991-10-22Final Order Lodged
• 1991-10-22Final Order Entered
• 1991-10-22Concluded
• 2006-05-19Enforcement Action Closed