EPA v. PACIFIC HIDE & FUR

Case summary

IN 1988, A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) OF PCB CONTAMINATION WAS COMPLETED FOR THE SITE. BASED ON THE RESULTS OF THE FS, A JUNE 1988 ROD ISSUED BY EPA IDENTIFIED STABILIZATION/CONSOLIDATION OF THE PCB-CONTAMINATED SOIL AND DEBRIS AS THE PREFERRED TREATMENT ALTERNATIVE. A TREATABILITY STUDY WAS UNDERTAKEN DURING 1989-1990. THE STUDY INDICATED THAT THE CHOSEN REMEDY FAILED TO MEET SEVERAL IMPORTANT PERFORMANCE CRITERIA. THE STUDY ALSO REVEALED THE POTENTIAL PRESENCE OF LEAD (PB) ABOVE RECOMMENDED HEALTH-BASED LEVELS. SOIL SAMPLES, COMPOSITED FROMFOUR ON-SITE AREAS AND TWO OFF-SITE AREAS, WERE ANALYZED FOR PB IN ADDITION TO PCBS. LEAD CONCENTRATIONS FROM ON-SITE SOILS SAMPLES RANGED FROM 2,640 TO 55,900 PPM. EPA DETERMINED THAT FURTHER EVALUATION OF SITE SOILS WAS NECESSARY TO ESTABLISH THE EXTENT OF THE LEAD CONTAMINATION. ADDITIONAL SOIL AND GROUNDWATER SAMPLING WAS UNDERTAKEN FOLLOWING REVIEW OF THE DATA FROM THE TREATABILITY STUDY. IN OCTOBER 1990, THE RESULTS FROM EPA'S AUGUST 1990 SAMPLING OF SITE SOILS (INCLUDING THE OPERATING PACIFIC STEEL RECYCLING FACILITY ADJACENT TO THE UNION PACIFIC PROPERTY) CONFIRMED THE PRESENCE OF EXTENSIVE LEAD CONTAMINATION ABOVE SAFE LEVELS. ADDITIONAL SAMPLING WAS PERFORMED IN MAY 1991 WHICH INDICATED LEAD CONCENTRATIONS IN ON-SITE SOILS RANGING FROM 67.4 PPM TO 64,700 PPM. FOLLOWING RECEIPT OF THIS NEW INFORMATION, EPA BEGAN TO CONSIDER CHANGING THE ALTERNATE SOILS REMEDY AND HALTED ALL REMEDIAL ACTIVITIES AT THE SITE. ON MARCH 31, 1993, EPA ISSUED A CERTIFICATION OF COMPLETION FOR THE FIRST OPERABLE UNIT REMEDIAL ACTION TO IDAHO POWER COMPANY (IPCO). AS PART OF THIS FIRST OPERABLE UNIT REMEDIAL ACTION, APPROXIMATELY 9, 111 TONS OF SOILD CONTAMINATED WITH PCBS AND PCBS COMMINGLED WITH LEAD WAS REMOVED FROM THE SITE. LEAD AND OTHER INORGANIC CONTAMINANTS AT THE SITE POSE A POTENTIAL THREAT TO HUMAN HEALTH VIA INHALATION, INGESTION, AND/OR DERMAL EXPOSURE DUE TO DIRECT CONTACT. LEAD IN SUFFICIENTLY HIGH CONCENTRATIONS MAY CAUSE CHRONIC TOXICITY IN FRESHWATER AQUATIC LIFE. LEAD WHICH IS ABSORBED BY HUMANS MAY RESULT IN ELEVATED BLOOD LEAD LEVELS. EXPOSURE TO LEAD CAN CAUSE A DECREASE IN THE CONCENTRATION OF BLOOD PROTEINS THROUGHOUT THE BODY, AND CAN IMPAIR THE UTILIZATION OF IRON. EXPOSURE TO LEAD CAN ALSO PRODUCE LONG-TERM AND POSSIBLY PERMANENT NEUROPSYCHOLOGICAL EFFECTS. IN ADDITION, LEAD IS CLASSIFIED AS A PROBABLY CARCINOGEN WITH LOW POTENCY. THIS IS A PROPOSAL TO FILE A MOTION UNDER THE AUTHORITY OF SECTION 104(A) AND (E) OF CERCLA AND SECTION 300.400(D) OF NCP TO OBTAIN COURT ORDERED ACCESS TO PROPERTY ( THE PROPERTY ) OWNED BY MR. WILLIAM MCCARTY ( DEFENDANT ) IN POCATELLO, IDAHO. ACCESS IS NECESSARY FOR THE EPA AND ITS DESIGNATED REPRESENTATIVES TO COMPLETE AN EXPEDITED RESPONSE ACTION. EPA HAS FILED A MOTION SEEKING COURT ORDERED ACCESS TO DEFENDANT (WILLIAM MCCARTY'S) PROPERTY FOR EPA AND ITS DESIGNATED REPRESENTATIVES TO COMPLETE AN RI/FS AND SUBSEQUENT RESPONSE ACTIONS ADDRESSING LEAD AND OTHER ORGANIC CONTAMINATION AT THE SITE. THIS MOTION HAS BEEN ARGUED AND THE PARTIES ARE AWAITING A DECISION.

Defendants (1)

• WILLIAM MCCARTY

Facilities (1)

• MCCARTYS PACIFIC HIDE & FUR

  3575 US HWY 30 W, POCATELLO, ID, 83204

  Registry ID: 110006164587

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 104E3 — Entry Access

Timeline (5 milestones)

• 1991-04-01Enforcement Action Data Entered
• 1993-09-30Referred To Dept Of Justice
• 1994-06-15Complaint Filed With Court
• 1994-08-19Concluded
• 1999-08-03Enforcement Action Closed