EPA v. PACIFIC WOOD TREATING CORPORATION

Case summary

PACIFIC WOOD TREATING (PWT) IS AN OREGON CORPORATION DOING BUSINESS IN RIDGEFIELD, WASHINGTON. PWT'S PARENT COMPANY IS THE NIEDERMEYER-MARTIN COMPANY, ALSO AN OREGON CORPORATION. NIEDERMEYER-MARTIN DECLARED BANKRUPTCY CONCURRENTLY WITH PWT. THE PRESIDENT AND 100% SHAREHOLDER OF PWT, EDWARD NIEDERMEYER, HAS ALSO DECLARED CHAPTER 7 BANKRUPTCY, CASE #393-34353-P07. ALL THREE BANKRUPTCY CASES ARE IN THE BANKRUPTCY COURT FOR THE DISTRICT OF OREGON. PWT LISTS ITSELF AS BEING IN THE BUSINESS OF REMANUFACTURING OF HARDWOODS AND SOFTWOODS INTO VARIOUS PRODUCTS; TREATING OF POLES AND LUMBER IN ITS CHAPTER 11 PETITION. PWT LISTS ASSESTS OF $5,605,000 AND LIABILITIES OF $8,137,000. PWT'S FACILITY OPERATIONS CONSIST OF TREATING WOOD PRODUCTS WITH A VARIETY OF OIL-BASED TREATMENT SOLUTIONS CONTAINING VARIOUS HAZARDOUS CONSTITUENTS (AS DEFINED IN APPENDIX VIII TO 40 CFR PART 261), SUCH AS PENTACHLOROPHENAL ( PCP ), CREOSOTE, AND CCA (A COPPER, CHROMIUM AND ARSENIC MIXTURE). THESE HAZARDOUS CONSTITUENTS ARE ALSO HAZARDOUS SUBSTANCES AS LISTED IN 40 CFR SECTION 302.4. RELEASES OF THESE HAZARDOUS CONSTITUENTS OR SUBSTANCES HAS OCCURRED AT THE PWT FACILITY IN VARIOUS WAYS, INCLUDING DRIPPAGE OF TREATMENT SOLUTIONS ONTO THE GROUND, SPILLS OF GRANULAR PCP AND STORED WASTEWATERS ONTO THE GROUND, AND THE DISCHARGE AND/OR LEAKAGE OF WASTEWATERS, STORMWATER RUNOFF, AND SPILLED/LEADED MATERIALS FROM THE BURIED DRAIN SYSTEMS. BASED UPON THIS EVIDENCE, EPA ENTERED INTO A RCRA SECTION 7003 AGREED ORDER ON CONSENT WITH PWT, DATED SEPTEMBER 21, 1991. THIS ORDER REQUIRES, AMONG OTHER THINGS, THAT PWT CHARACTERIZE THE NATURE AND EXTENT OF PAST AND/OR CONTINUING RELEASES OF HAZARDOUS WASTE AND/OR HAZARDOUS CONSTITUENTS TO THE ENVIRONMENT. KNOWN RELEASES OF HAZARDOUS WASTE AND/OR HAZARDOUS CONSTITUENTS AT OR FROM THE FACILITY ARE DOCUMENTED IN THE RCRA PRELIMINARY ASESSMENT REPORT FOR THE FACILITY, DATED FEBRUARY 1991. THE ORDER ALSO REQUIRES PWT TO IMPLEMENT ANY NECESSARY AND APPPROPRIATE INTERIM AND FINAL CORRECTIVE MEASURES TO MINIMIZE FUTURE RELEASES OF HAZARDOUS WASTES AND CONSTITUENTS AT OR FROM THE PWT FACILITY. PWT HAS ALSO SET UP WHAT THEY CALL A SINKING FUND. THIS FUND IS A WORKING CAPITAL FUND SET UP FOR THE PURPOSE OF INSTALLING NEW DRIP PADS AT THE RIDGEFIELD FACILITY, AS REQUIRED BY THE LISTING OF WASTEWATERS AND PROCESS RESIDUALS FROM WOOD PRESERVING PROCESSES THAT USE CHLOROPHENOLIC FORMULATIONS AS A NEWLY-LISTED HAZARDOUS WASTE ( F032 ) UNDER 40 CFR SECTION 261.31. EPA ISSUED A LIMITED ADMINISTRATIVE STAY OF THIS NEW LISTING WITH RESPECT TO THE PROCESS AREA AT A FACILITY RECEIVING DRIPPAGE OF THESE WASTES. TO QUALITY FOR THE STAY, PERSONS WHO DESIRE TO CONTINUE OPERATING WERE REQUIRED TO NOTIFY EPA BY AUGUST 6, 1991, OF THEIR INTENT TO UPGRADE OR INSTALL DRIP PADS, AND BY NOVEMBER 6, 1991, TO PROVIDE EVIDENCE TO EPA THAT THEY HAVE ADEQUATE FINANCING TO PAY FOR DRIP PAD UPGRADES OR INSTALLATION. TO THAT END, PWT SET UP THE SINKING FUND TO ALLOW PWT TO MAKE MONTHLY CASH CONTRIBUTIONS TO THE FUND SO AFTER 36 MONTHS THERE WOULD BE APPROXIMATELY $644,000 IN THE FUND TO PAY FOR THE INSTALLATION OF THE NEW DRIP PADS THAT WOULD MEET THE REQUIREMENTS OF THE RULE. PWT MADE MONTHLY CONTRIBUTIONS TO THE SINKING FUND UNTIL JULY 20, 1993. ON THAT DATE, EPA RECEIVED A LETTER FROM TERRY NIEDERMEYER, VICE-PRESIDENT OF OPERATIONS OF PWT, WHO INDICATED THAT PWT'S FINANCIAL POSITION HAD CHANGED SUCH THAT IT IS NO LONGER ABLE TO MAKE THE REQUIRED PAYMENTS. AS OF JUNE 30, 1993, THE SINKING FUND CONTAINED APPROXIMATELY $174,392.26. MR. NIEDERMEYER ALSO INDICATED THAT PWT WAS EXPLORING SEVERAL AVE

Defendants (3)

• PACIFIC WOOD TREATING CORPORATIONNamed in complaint
• NIEDERMEYER, EDWARD C.Named in complaint
• NIEDERMEYER-MARTIN COMPANYNamed in complaint

Facilities (1)

• PACIFIC WOOD TREATING CORP

  111 W DIVISION ST, RIDGEFIELD, WA, 98642

  Registry ID: 110042040252

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Timeline (5 milestones)

• 1990-01-01Enforcement Action Data Entered
• 1993-08-24Referred To Dept Of Justice
• 1994-04-06Complaint Filed With Court
• 2001-07-02Concluded
• 2001-07-02Enforcement Action Closed