EPA v. ALLIED PLATING

Case summary

ALLIED PLATING IS AN ALUMINIUM PLATING SITE IN PORTLAND, OREGON. WASTEWATER FROM PLATING ACTIVITIES FORMED A POND ON SITE WHICH CONTAMINATED SURROUNDING SOIL AND GROUNDWATER. THE SITE WAS CLEANED UP WITH AN EPA FUND LEAD REMOVAL ACTION. THE CURRENT LEGAL ACTION IS TO RECOVER COSTS ASSOCIATED WITH THE REMOVAL ACTION. EPA DOES NOT EXPECT TO RECOVER ANY SIGNIFICANT AMOUNT FROM THE PRPS AND CURRENTLY HAS A LIEN ON THE PROPERTY, OWNED BY STANLEY HODES. ALLIED PLATING IS BANKRUPT BUT ITS FORMER PRESIDENT, ERNEST STIERLY, MAY BE ABLE TO CONTRIBUTE SOMETHING. EPA DOES NOT CURRENTLY KNOW MR. STIERLYS' WHEREABOUTS. THE ALLIED PLATING SITE IS LOCATED AT 8135 MARTIN LUTHER KING, JR. BOULEVARD, PORTLAND, MULTNOMAH COUNTY, OREGON. THE SITE COVERS APPROXIMATELY 12 ACRES, AND CONTAINED THE BUILD- INGS WHICH FORMERLY HOUSED A PLATING OPERATION AND A WASTE DISPOSAL AREA APPROXIMATELY 3 ACRES IN SIZE. IN 1957, THE BUILDINGS WERE LEASED FOR THE OPERATION OF ALLIED PLATING, INC., A CHROME PLATING FACILITY WHICH OPERATED FROM THAT YEAR UNTIL 1984, WHEN THE COMPANY DECLARED BANKRUPTCY AND CEASED OPERATIONS. PRIOR TO 1969, WASTEWATER FROM THE FACILITY WAS DISCHARGED TO A SWALE LEADING TO THE COLUMBIA SLOUGH (AN OFF-SITE WATER BODY). AFTER 1969, LANDFILLING NORTH OF THE PROPERTY CUT OFF NATURAL DRAINAGE, AND AS A RESULT THE DISCHARGE OF LIQUID WASTES FROM THE PLATING FACILITY CREATED A LAGOON ON- SITE. THE METALS IN THE PLATING WASTEWATER PRECIPITATED OUT, FORMING A LAYER OF PLATING WASTE AT THE BOTTOM OF THE LAGOON. AFTER THE COMPANY CEASED ITS DISCHARGES, THE LAGOON RECEDED, LEAVING A SMALL POND WITH THE SURROUNDING AREA COVERED WITH PLATING WASTE. EPA CONDUCTED A REMEDIAL INVESTIGATION (RI) AT THE SITE BETWEEN JANUARY 1990 AND APRIL 1992. THE RI DETERMINED THAT THE SITE CONTAMINATION WAS MAINLY LIMITED TO THE AREA FORMERLY COVERED BY THE LAGOON. FOLLOWING THE RI, THE SITE WAS EVALUATED FOR A POTENTIAL REMOVAL ACTION AS PART OF THE SUPERFUND ACCELERATED CLEANUP MODEL (SACM) PROGRAM. THIS REMOVAL ACTION TOOK PLACE BETWEEN OCTOBER 20 AND NOVEMBER 10 1992. DURING THE REMOVAL ACTION, THE POND WAS DRAINED, AND THE POND SLUDGES AND THE PLATING WASTE IN THE SURROUNDING AREAS WERE EXCAVATED AND SHIPPED OFF-SITE FOR DISPOSAL. APPROXIMATELY 1100 CUBIC YARDS OF SLUDGE AND WASTE WERE EXCAVATED AND DISPOSED OF IN THIS MANNER. THE SITE OWNER ALSO PLACED A DEED RESTRICTION ON THE SITE PROPERTY, PRE- VENTING THE USE OF THE SHALLOW GROUNDWATER BENEATH THE SITE. FOLLOWING THE REMOVAL ACTION, EPA CONDUCTED A RISK ASSESSMENT AT THE SITE. THE RESULTS INDICATED THAT THE REMOVAL ACTION ACHIEVED A SITE CLEANUP LEVEL WHICH LEFT THE HEALTH THREAT ASSOCIATED WITH THE REMAINING SITE-RELATED CONTAMINANTS WELL BELOW A 1X10-4 EXCESS CANCER RISK. BASED IN PART UPON THIS RISK ASSESSMENT, EPA SIGNED A RECORD OF DECISION FOR NO FURTHER ACTION AT THE ALLIED PLATING SITE ON JUNE 29, 1993. THE OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY CONCURRED WITH THE NO FURTHER ACTION REMEDY SELECTION. TO DATE, EPA HAS INCURRED APPROXIMATELY $1,918,773.27 IN RESPONSE COSTS AT THE ALLIED PLATING SITE. EPA IS SEEKING RECOVERY OF PART OR ALL OF THESE COSTS FROM THE PROPERTY OWNERS/PRPS, STAN HODES AND BLOSSOM SPELLMAN. MR. HODES CARRIED INSURANCE ON THE SITE PROPERTY AND THUS THERE MAY BE SOME COVERAGE AVAILABLE TO HELP PAY SOME OR ALL OF EPA'S COSTS AT THIS SITE. ALLIED PLATING, INC. (OPERATOR PRP) IS A DEFUNCT CORPORATION WITH NO ASSETS.

Defendants (2)

• EARNEST STIERLYNamed in complaint
• STANLEY AND SHIRLEY HODESNamed in complaintNamed in settlement

Facilities (1)

• ALLIED PLATING, INC.

  8135 NE UNION AV, PORTLAND, OR, 97211

  Registry ID: 110009323142

Statutes cited

• CERCLA 113 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ALLIED PLATING CONSENT DECREEentered 1997-09-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-01-01Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1995-11-09Complaint Filed With Court
• 1997-07-02Final Order Lodged
• 1997-09-05Final Order Entered
• 1997-09-05Concluded
• 1998-08-03Enforcement Action Closed