EPA v. UNION PACIFIC RAILROAD - POCATELLO, ID

Case summary

THIS PRE-REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK RESPONSE COSTS AND INJUNCTIVE RELIEF PURSUANT TO 106, 107, & 122 OF CERCLA. UNION PACIFIC RAILROAD (UPRR) OPERATES A TRAIN ASSEMBLEY AREA, A FUELING STATION, DIESEL REPAIR SHOPS, CAR WASHING AREAS, AND A TRUCK MAINTENANCE SHOP AT THIS SITE IN POCATELLO, ID. THE ACTUAL NPL SITE IS NON-LINED SLUDGE PIT LOCATED WITHIN THE RAILROAD BOUNDARIES. THE PIT WAS USED FROM 1961 TO 1983 FOR DISPOSAL OF SLUDGES GENERATED FROM AN ON SITE WATER TREATMENT PLANT, WHICH COLLECTS RUNOFF FROM ALL RAILROAD CATCH BASINS AND MAINTENANCE BUILDING FLOOR DRAINS. APPROXIMATELY 3,000 GALLONS/WEEK OF SLUDGE FROM THE TREATMENT PROCESS WAS DISPOSED OF INTO THE UNLINED PIT FROM 1961 TO 1983. UPRR THE ONLY IDENTIFIED PRP FOR THE SITE, ENTERED INTO A CONSENT ORDER WITH EPA IN JUNE 1988 TO CONDUCT A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) FOR THE SITE. A PROPOSED PLAN WAS PRESENTED FOR PUBLIC COMMENT ON JUNE 3, 1991. A RECORD OF DECISION (ROD) IS EXPECTED TO BE SIGNED IN SEPTEMBER 1991. THE PREFERRED REMEDIAL ALTERNATIVE FOR THE SITE CONSISTS OF EXCAVATION OF THE SLUDGE AND UNDERLYING SOIL AND REMOVAL TO AN APPROVED OFF SITE DISPOSAL AREA, BACK FILLING AND PLACEMENT OF A LOW PERMABILITY CAP OVER THE PIT BOUNDARY, FLUSHING OF CONTAMINATED SOILS AND TREATMENT OF THAT WATER IN THE EXISTING WATER TREATMENT PLANT, TREATMENT OF CONTAMINATED GROUND WATER FORM THE UPPER AQUIFER, AND IMPLEMENTATION OF A COMPREHENSIVE SOIL AND GROUNDWATER SAMPLING EFFORT TO DETERMINE BACKGROUND CONCENTRATIONS FOR CHEMICALS OF CONCERN. CONTINUED GROUNDWATER MONITORING WILL BE UTILIZED TO DETERMINE WHETHER ANY ADDITIONAL GROUND WATER TREATMENT IS INDICATED. UPRR HAS IN THE PAST, BEEN VERY COOPERATIVE AND HAS INDICATED THAT IT WISHES TO ENTER INTO A CD TO IMPLEMENT THE REMEDIAL ALTERNATIVE CHOSEN IN THE ROD. IF AGREEMENT CANNOT BE REACHED WITH UPRR, EPA REGION 10 IS PREPARED TO ISSUE A UNILATERAL ADMINISTRATIVE ORDER PURSUANT TO 106 OF CERCLA TO REQUIRE UPRR TO PERFORM THE REMEDIAL ACTION SET FORTH IN THE ROD.

Defendants (1)

• UNION PACIFIC RAILROADNamed in complaintNamed in settlement

Facilities (1)

• UNION PACIFIC RAILROAD COMPANY POCATELLO

  300 S HARRISON, POCATELLO, ID, 832040000

  Registry ID: 110000789852

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• UNION PACIFIC RAILROADentered 1992-07-23

  Primary law: CERCLA

Timeline (8 milestones)

• 1988-01-03Enforcement Action Data Entered
• 1991-09-06PRN Sent
• 1992-03-29Referred To Dept Of Justice
• 1992-05-23Complaint Filed With Court
• 1992-07-23Final Order Lodged
• 1992-07-23Final Order Entered
• 1992-07-23Concluded
• 2001-07-16Enforcement Action Closed