EPA v. SIMPSON TACOMA KRAFT CO/ST PAUL WATERWAY

Case summary

PRE-REFERRAL LITIGATION AND DRAFT CONSENT DECREE TO SUPPORT THE FILING OF CIVIL ACTION TO REQUIRE REMEDIAL ACTION AND THE PAYMENT OF COSTS PURSUANT TO SECTIONS 106 AND 107 OF CERCLA. THE SUBJECT OF ACTION IS THE COMMENCE- MENT BAY - NEARSHORE/TIDEFLATS (CB/NT) SUPERFUND SITE, LOCATED IN TACOMA, WA. EPA INTENDS TO ISSUE IN 1/90, CERCLA SPECIAL NOTICE LETTERS TO SIMPSON TACOMA KRAFT CO, CHAMPION INTERNATIONAL, AND THE WASHINGTON DEPT OF NATURAL RESOURCES TO BEGIN CONSENT DECREE NEGOTIATIONS TO FULLY IMPLEMENT THE SELECTED REMEDIAL ACTION AND FOR PAYMENT OF PAST CERCLA ENFORCEMENT COSTS RELATING TO THE ST. PAUL WATERWAY PROBLEM AREA OF THE CB/NT SITE. A RI/FS OF THE SITE WAS CONDUCTED BY THE WA DEPT OF ECOLOGY THROUGH A COOPERATIVE AGREEMENT WITH EPA REGION 10. A FINAL FEASIBILITY REPORT WAS RELEASED FOR PUBLIC COMMENT IN 2/89. EPA ISSUED A ROD ON 9/30/89, SETTING FORTH THE SELECTED REMEDIAL ACTION FOR THE SITE. THE ROD WAS CONCURR- ED ON BY THE STATE OF WA AND THE PUYALLUP INDIAN TRIBE, WHICH ALSO HAS ENTERED INTO CERCLA COOPERATIVE AGREEMENT WITH EPA. THE PROPOSED CONSENT DECREE SETTLEMENT INCLUDES A FULL RECOVERY OF IDENTIFIED PAST AND FUTURE AGENCY RESPONSE COSTS. IT ALSO REQUIRES THE DEFENDANTS TO FULLY IMPLEMENT THE REMEDIAL ACTION FOR THE ST. PAUL WATERWAY PROBLEM AREA AS IDENTIFIED IN THE CB/NT ROD. ALTHOUGH THE DEFENDANTS PREVIOUSLY CAPPED CONTAMINATED SEDIMENTS IN THE ST. PAUL WATERWAY PURSUANT TO A WA STATE SUPERFUND CONSENT DECREE, THAT REMEDY WAS COMPLETED PRIOR TO EPA'S ISSUANCE OF THE ROD AND DOES NOT FULLY CONFORM TO THE ROD'S LONG-TERM MONITORING AND CONTINGENCY PLANNING REQUIREMENTS.

Defendants (3)

• SIMPSON TACOMA KRAFT CONamed in complaintNamed in settlement
• CHAMPION INTERNATIONAL CORP (ST REGIS)Named in complaintNamed in settlement
• WASHINGTON STATE DEPT OF NATURAL RESOURCNamed in complaintNamed in settlement

Facilities (1)

• 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
• CWA 311 — Oil and Hazardous Substance Liability
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SIMPSON TACOMA KRAFT CO/ST PAUL WATERWAYentered 1991-12-13

  Primary law: CERCLA

Timeline (8 milestones)

• 1988-05-26Enforcement Action Data Entered
• 1989-12-21PRN Sent
• 1990-09-28Referred To Dept Of Justice
• 1991-06-24Complaint Filed With Court
• 1991-12-13Final Order Lodged
• 1991-12-13Final Order Entered
• 1991-12-13Concluded
• 2001-04-25Enforcement Action Closed