EPA v. KAISER ALUMINUM/ARRCOM

Case summary

LITIGATION REFERRAL FOR COST RECOVERY ACTION UNDER SECTION 107 OF CERCLA. SEEKING TO RECOVER APPROXIMATELY $2 MILLION IN COSTS EXPENDED PURSUANT TO A FUND-FINANCED PHASED CERCLA SECTION 104 REMOVAL ACTION CONDUCTED DURING 9/83, 5/18/87 - 2/17/88, AND 4/90 AT ARRCOM INC SUPERFUND SITE IN RATHDRUM, ID. THE SITE IS AN ABANDONED WASTE-OIL RECYCLING FACILITY IN KOOTENAI COUNTY NEAR RATHDRUM. THE FACILITY WAS ABANDONED 1/82 AFTER BEING OPERATED BY A NUMBER OF DIFFERENT INDIVIDUALS AND CORPORATIONS OVER 20 YEARS. ON 9/8/83 THE SITE WAS PLACED ON THE NPL LIST. EPA CONDUCTED AN EMERGENCY REMOVAL ACTION IN 8/83 DURING WHICH EPA DRAINED THE ON-SITE TANKS OF THEIR PUMPABLE CONTENTS AND REMOVED HIGHLY CONTAMINATED OILS AND SOILS. THE TANKS AND SOME SLUDGES CONTAINED THEREIN WERE LEFT AT THE SITE AND NO FENCING WAS BUILT. IN 1986 EPA RECEIVED INFORMATION THAT THE PRESENCE OF OIL AND SLUDGES IN THE TANKS ON-SITE POSED A CONTINUED DANGER. THE PRESENCE OF THIS OIL INDICATED THAT CONTINUED OIL STORAGE ACTIVITY MAY HAVE TAKEN PLACE AFTER THE 8/82 REMOVAL. BETWEEN 5/87 AND 2/88 EPA REMOVED CONTAMINATED OIL, SLUDGES AND ON-SITE TANKS. EXTENSIVE SAMPLING AND ANALYSIS WAS CONDUCTED AT THE COMPLETION OF THIS PHASE TO DETERMINE IF THE SITE WOULD BE ELIGIBLE FOR DE-LISTING. THIS SAMPLING REVEALED ELEVATED LEVELS OF LEAD CONTAMINATED SOIL WHICH NECESSITATED ADDITIONAL REMOVAL ACTION. A THIRD-PHASE OF THE REMOVAL WAS CONDUCTED IN 4/90 TO ADDRESS THE LEAD CONTAMINATED SOILS. IT IS HOPED THAT THE SITE WILL NOW BE ELIGIBLE FOR DE-LISTING. SOME OF THE PROPOSED OWNER/OPERATOR DEFENDANTS WERE NOTIFIED OF THEIR LIABILITY IN 9/83. ANOTHER NOTICE OF LIABILITY WAS SENT TO SOME OF THESE OWNER/OPERATOR DEFENDANTS, AS WELL AS TO SOME NEWLY DISCOVERED GENERATOR DEFENDANTS, IN 8/88. A DEMAND LETTER WHICH INCLUDED AN OPPORTUNITY FOR THE DEFENDANTS TO PERFORM THE REMAINING CLEANUP FOLLOWED IN 7/89. A NUMBER OF THE GENERATOR DEFENDANTS RESPONDED TO THIS DEMAND. THESE NEGOTIATING GENERATORS OFFERED TO PAY EPA A TOTAL OF $500,000 IN EXCHANGE FOR A RELEASE FROM LIABILITY FOR PAST COSTS, INCLUDING THE MOST RECENT 4/90 ACTIVITIES. THESE NEGOTIATIONS HAVE REACHED AN IMPASSE DUE TO EPA'S INABILITY TO CASH OUT THE NEGOTIATING GENERATORS IN A TIMELY MANNER. EPA REQUESTS THAT DOJ FILE AN ACTION PURSUANT TO SECTION 107 OF CERCLA TO RECOVER THE FUNDS EXPENDED BY EPA IN PERFORMING THE REMOVAL ACTIVITY AT THE ARRCOM SITE. EPA ALSO REQUESTS THAT DOJ REVIEW THE POSSIBILITY OF A CASH-OUT SETTLEMENT WITH THE NEGOTIATING GENERATORS.

Defendants (10)

• ACR INC (UNITED PAINT)
• ARCO (ANACONDA ALUM/COLUMBIA FALLS ALUM)Named in complaintNamed in settlement
• BINGHAM, WARRENNamed in complaintNamed in settlement
• COLUMBIA LIGHTINGNamed in complaintNamed in settlement
• DREXLER, GEORGE WNamed in complaintNamed in settlement
• DREXLER, THOMAS ANamed in complaintNamed in settlement
• KAISER ALUMINUM & CHEMICAL CORPNamed in complaintNamed in settlement
• PICKETT, ALLEN
• U.S. BONNEVILLE POWER ADMIN
• U.S. BUREAU OF RECLAMATION

Facilities (1)

• DREXLER ENTERPRISES INC

  RT 3 BOX 258 A6, RATHDRUM, ID, 83858

  Registry ID: 110006164480

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• KAISER ALUMINUMentered 1992-03-30

  Primary law: CERCLA

  Federal penalty: $234,600

Timeline (7 milestones)

• 1988-07-26Enforcement Action Data Entered
• 1990-06-28Referred To Dept Of Justice
• 1991-02-19Complaint Filed With Court
• 1992-03-30Concluded
• 1992-03-30Final Order Lodged
• 1992-03-30Final Order Entered
• 1993-11-16Enforcement Action Closed