EPA v. BOEING CO/U S DOD (ARMY & AIR FORCE)

Case summary

THIS REFERRAL INVOLVES A CIVIL ACTION TO SEEK RESPONSE COSTS PURSUANT TO SECTION 107 OF CERCLA, 42 USC 9607. THE SUBJECT OF THIS ACTION IS THE SOUTH TACOMA CHANNEL/WELL 12A NATIONAL PRIORITY LIST SITE IN TACOMA, WA. BASED ON A REFERRAL FORWARDED BY REGION 10 IN THIS MATTER ON 1/7/86, THE U S FILED A CIVIL ACITON AGAINST THE TIME OIL CO. AFTER EXTENSIVE LITIGATION, THE U S AND TIME OIL CO REACHED A AGREEMENT IN THE FORM OF A CONSENT DECREE, WHEREBY THE U S WILL BE RECEIVING APPROXIMATELY 60% OF THE TOTAL PAST AND PROJECTED RESPONSE COSTS FOR CLEANUP OF THE SITE. REGION 10 ALSO ENTERED INTO AN ADMINSTRATIVE ORDER ON CONSENT WITH THE BURLINGTON NORTHERN RAILROAD CO, AN OWNER OF PROPERTY ADJACENT TO THE TIME OIL CO. THE ADMINISTRATIVE ORDER REQUIRED BURLINGTON NORTHERN CO TO CLEAN UP SOIL CONTAMINATION ON ITS PROPERTY. DURING LITIGATION AND AFTER THESE TWO AGREEMENTS WERE REACHED, REGION 10 LEARNED OF ADDITIONAL PRP'S FOR THIS SITE. THE INFORMATION GATHERED FROM OUR INVESTIGATION HAS BEEN SHARED AND REVIEWED BY OUR TECHNICAL AND LEGAL STAFF. BASED ON THIS INFORMATION, REGION 10 RECOMMENDS THAT THE U S SEEK TO RECOVER ITS REMAINING PROJECTED COSTS OF APPROXIMATELY $7,500,000. FROM THE BOEING CO AND THE U S DEPARTMENT OF DEFENSE. THE BOEING CO APPEARS TO HAVE SENT HAZARDOUS SUBSTANCES TO NATIONAL OIL CO BETWEEN 1939 AND 1956 AND THE U S DEPT OF DEFENSE (ARMY AND AIR FORCE) APPEARS TO HAVE SENT HAZARDOUS SUBSTANCES TO THIS COMPANY DURING THE 1940'S. MANY OF THESE SUBSTANCES WERE DISPOSED OF ON-SITE. AS A RESULT, THE BOEING CO, THE AIR FORCE, AND THE ARMY ARE LIABLE FOR RESPONSE COSTS UNDER SECTION 107(C) OF CERCLA, 42 USC 9607(C), AS HAVING 'ARRANGED FOR THE DISPOSAL' OF HAZARDOUS SUBSTANCES AT THE SOUTH TACOMA CHANNEL/WELL 12A SITE. THE REMAINING $7,500,000. IN PAST AND PROJECTED RESPONSE COSTS FOR THE SITE SHOULD BE SOUGHT FROM THESE ENTITIES.

Defendants (3)

• BOEING CO, THENamed in complaintNamed in settlement
• FORT LEWIS (US-DEPT OF DEFENSE)Named in complaintNamed in settlement
• MCCORD AIR FORCE BASE (US-DOD)Named in complaintNamed in settlement

Facilities (1)

• COMMENCEMENT BAY, SOUTH TACOMA CHANNEL

  S TACOMA CHANNEL OF COMMEN, TACOMA, WA, 98402

  Registry ID: 110009314474

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BOEING CO/U S DOD (ARMY & AIR FORCE)entered 1995-02-01

  Primary law: CERCLA

Timeline (9 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1989-11-27Returned To Region
• 1990-09-28Rereferred
• 1992-06-29Complaint Filed With Court
• 1995-02-01Final Order Lodged
• 1995-02-01Final Order Entered
• 1995-02-01Concluded
• 1999-04-20Enforcement Action Closed