EPA v. ROSS ELECTRIC OF WASHINGTON INC ET AL/COAL CREEK SITE

Case summary

PRE-REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK RESPONSE COSTS AND INJUNCTIVE RELIEF PURSUANT TO SECTIONS 106, 107, 122 OF CERCLA. THE SUBJECT OF THIS ACTION IS THE COAL CREEK (AKA ROSS ELECTRIC) FACILITY IN CHEHALIS, WA. THE SITE IS NOT ON THE NATIONAL PRIORITIES LIST, BUT THE PRP'S, WHO PERFORMED A FULL REMEDIAL INVESTIGATION AND FEASIBILITY STUDY AT THE SITE, ARE INTERESTED IN ENTERING INTO A CONSENT DECREE WITH EPA PURSUANT TO SECTIONS 106 AND 122 OF CERCLA FOR THE CLEAN UP OF THE SITE. THE 8-ACRE COAL CREEK SITE HAS BEEN OWNED PRIMARILY BY PUBLIC UTILITIES SINCE THE EARLY 1900'S. FROM 1949 TO 1983, THE SITE WAS OWNED BY THE LEWIS COUNTY PUBLIC UTILITY DISTRICT AND LEASED TO A SUCCESSION OF TRANSFORMER COMPANIES WHICH USED THE SITE FOR MANUFACTURING, REPAIRING, RECYCLING AND SCRAPPING OF TRANSFORMERS AND OTHER ELECTRICAL EQUIPMENT. DURING THESE COMPANIES' SALVAGE OPERATIONS, TRANSFORMER FLUID CONTAINING POLYCHLORINATED BIPHENYLS (PCB'S) WAS DRAINED OR SPILLED ONTO THE SITE. DUE TO THE PERSISTENT NATURE OF PCB'S, SIGNIFICANT CONCENTRATIONS ARE STILL ON SITE. OTHER ORGANIC COMPOUNDS AND METALS HAVE ALSO BEEN FOUND ON THE SITE AS A RESULT OF THE HANDLING AND/OR DISPOSAL OF SCRAP ELECTRICAL EQUIPMENT, ASH AND OILS. OTHER THAN ENVIRONMENTAL INVESTIGATIONS, THERE HAS BEEN NO ACTIVITY ON THE SITE SINCE THE LAST OPERATOR, ROSS ELECTRIC OF WASHINGTON, CEASED ITS OPERATIONS THERE IN 1983. THE COAL CREEK SITE HAS BEEN INVESTIGATED BY A NUMBER OF AGENCIES IN AN EFFORT TO IDENTIFY HEALTH AND ENVIRONMENTAL PROBLEMS ASSOCIATED WITH PAST SITE OPERATIONS. THE WASHINGTON DEPARTMENT OF ECOLOGY AND EPA FIRST CONDUCTED SITE INSPECTIONS THERE IN 1979 AND 1980. INVESTIGATIONS CONTINUED THROUGHOUT THE 1980'S. WHILE THESE TECHNICAL INVESTIGATIONS WERE ONGOING, ROSS ELECTRIC, IN RESPONSE TO AN EPA INFORMATION REQUEST, PROVIDED INVOICE MATERIALS IDENTIFYING OVER 80 GENERATORS WHO ARRANGED FOR THE SCRAPPING OR REPAIR OF ELECTRICAL EQUIPMENT AT THE SITE DURING THE YEARS IT CONDUCTED ITS BUSINESS OPERATIONS THERE. THE PRP'S USED THESE MATERIALS TO ORGANIZE AND ALLOCATE RESPONSIBILITY AMONG THEMSELVES. A CONSENT ORDER WAS ENTERED INTO BETWEEN EPA AND A LARGE MAJORITY OF THE IDENTIFIED PRP'S FOR PERFORMANCE OF AN RI/FS ON 2/19/88. A FINAL RI/FS REPORT WAS RECEIVED FROM THE PRP'S ON 8/15/89. THE RI/FS RESULTS SHOWED ON-SITE SOILS TO BE CONTAMINATED WITH PCB'S, CHLOROBENZENES, LEAD AND COPPER. PORTIONS OF THE SITE, INCLUDING THE HIGHLY CONTAMINATED SOILS IN THE FILL MOUND AREA, LIE WITHIN THE 100 YEAR FLOOD PLAIN AND ARE IMPACTED BY FLOOD EVENTS. FOLLOWING RECEIPT OF THE FINAL RI/FS REPORT, EPA ENTERED INTO DISCUSSIONS WITH THE PRP STEERING COMMITTEE CONCERNING THE PROPOSED REMEDIAL ACTION FOR THE SITE. AGREEMENT WAS REACHED WITH THE STEERING COMMITTEE IN 4/90. EPA ISSUED ITS PROPOSED PLAN FOR A 60-DAY PUBLIC COMMENT PERIOD BEGINNING ON 5/7/90. EPA'S PROPOSED PLAN FOR REMEDIAL ACTION AT THE SITE CONSISTS OF THE FOLLOWING: 1) REMOVING ASBESTOS FROM THE ON-SITE BUILDING AND DISPOSING OF IT IN A PERMITTED LANDFILL; 2) BUILDING DEMOLITION AND DEBRIS DISPOSAL IN AN APPROVED LANDFILL OR INCINERATION ON-SITE; 3) EXCAVATION AND INCINERATION OF SOILS AND SEDIMENTS WITH PCB CONCENTRATIONS GREATER THAN 50 PPM; 4) CAPPING OF TREATMENT RESIDUALS (ASH) AND REMAINING SOILS CONTAINING 1 TO 50 PPM PCB'S; 5) INCINERATION OF CONTAINER LIQUIDS AND SLUDGES ON-SITE; 6) CONSTRUCTION OF DIVERSION TRENCHES TO CONTROL RUN-ON/RUN-OFF OF SURFACE WATERS ONTO THE FINAL SITE COVER; 7) DEED RESTRICTIONS ON LAND AND GROUNDWATER USE TO PROTECT THE INTEGRITY OF THE CLEANUP REMEDY; 8) MONITORING OF GROUNDWATER ANNUALLY FOR 5 YEARS.

Defendants (85)

• MCMINNIVILLE WATER & LIGHT (GENERATOR)Named in complaintNamed in settlement
• MILTON, CY OF (GENERATOR)Named in settlement
• MISSOULA ELECTRIC COOP (GENERATOR)Named in complaintNamed in settlement
• MONTANA POWER CO (GENERATOR)Named in complaintNamed in settlement
• NORTHERN LIGHTS INC (GENERATOR)Named in complaintNamed in settlement
• OKANOGAN COUNTY ELEC COOP (GENERATOR)Named in complaintNamed in settlement
• DOUGLAS ELECTRIC COOP INC.(GENERATOR)Named in complaintNamed in settlement
• DRAIN, CY OF (GENERATOR)Named in settlement
• EUGENE WATER & ELECTRIC BOARD (GEN)Named in complaintNamed in settlement
• FLATHEAD ELECTRIC COOPERATIVE INC. (GEN)Named in complaintNamed in settlement
• FRANKLIN COUNTY PUD (GENERATOR)Named in complaintNamed in settlement
• OKANOGAN PUD NO. 1 (GENERATOR)Named in complaintNamed in settlement
• PACIFIC COUNTY PUD #2 (GENERATOR)Named in complaintNamed in settlement
• PACIFICORP (GENERATOR)Named in complaintNamed in settlement
• PARK ELECTRIC COOP INC (GENERATOR)Named in complaintNamed in settlement
• PORT ANGELES, CY OF (GENERATOR)Named in complaintNamed in settlement
• PORTLAND GENERAL ELECTRIC (GENERATOR)Named in complaintNamed in settlement
• PROVO CITY CORPORATION (GENERATOR)Named in complaintNamed in settlement
• PUD NO 1 OF CLARK COUNTY(GENERATOR)Named in complaintNamed in settlement
• PUD NO. 1 OF CLARK COUNTY (GENERATOR)Named in complaintNamed in settlement
• PUD NO. 1 OF GRAY'S HARBOR (GENERATOR)Named in complaintNamed in settlement
• PUD NO. 1 OF KLICKITAT (GENERATOR)Named in complaintNamed in settlement
• PUD NO. 1 OF SKAMANIA COUNTY (GENERATOR)Named in complaintNamed in settlement
• PUD NO. 2 OF GRANT COUNTY (GENERATOR)Named in complaintNamed in settlement
• PUGET SOUND POWER & LIGHT CO (GENERATOR)Named in complaintNamed in settlement
• …and 60 more

Facilities (1)

• ROSS ELECTRIC OF WA COAL CREEK

  346 COAL CREEK RD, CHEHALIS, WA, 98532

  Registry ID: 110005334192

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• ROSS ELECTRICentered 1992-02-19

  Primary law: CERCLA

• ROSS ELECTRIC DE MINIMISentered 1992-02-19

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-07-13Enforcement Action Data Entered
• 1990-07-13PRN Sent
• 1991-06-04Referred To Dept Of Justice
• 1991-11-13Complaint Filed With Court
• 1992-02-19Final Order Lodged
• 1992-02-19Final Order Entered
• 1992-02-19Concluded
• 2006-05-19Enforcement Action Closed