EPA v. TELEDYNE WAH CHANG

Case summary

THIS PRE-REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK RESPONSE COSTS AND INJUNCTIVE RELIEF PURSUANT TO SECTIONS 106, 107 AND 122 OF CERCLA. OPERATIONS AT THE SITE BEGAN IN 1956 WHEN, UNDER CONTRACT WITH THE U S ATOMIC ENERGY COMISSION, WAH CHANG CORP BEGAN OPERATION OF THE U S BUREAU OF MINES, ZIRCONIUM METAL SPONGE PILOT PLANT. IN ADDITION TO INITIAL ZIRCONIUM AND HALFNIUM SPONGE PRODUCTION, NEW FACILITIES WERE SUBSEQUENTLY ADDED FOR THE PRODUCTION OF TANTALUM AND NIOBIUM, AS IN 1967 WHEN TELEDYNE INDUSTRIES INC PURCHASED WAH CHANG CORP OF NEW YORK AND BECAME OWNER/OPERATOR OF THE FACILITY. TELEDYNE INDUSTRIES INC, THE ONLY IDENTIFIED PRP FOR THE SITE, ENTERED INTO A CONSENT ORDER WITH EPA 5/87 TO CONDUCT A RI/FS FOR THE SITE. IN SUMMER OF 1988 EPA AND TWCA DECIDED TO SEPARATE TWO SLUDGE PONDS AS AN OPERABLE UNIT FROM THE REST OF THE SITE. A ROD WAS SIGNED FOR THE OPERABLE UNIT ON 12/28/98, WHICH SET FORTH THE SELECTED REMEDIAL ACTION FOR THE SITE. THE SELECTED REMEDY CONSISTS OF EXCAVATING, PARTIALLY SOLIDIFYING, AND TRANSPORTING THE SLUDGE TO A SOLID WASTE LANDFILL OFF-SITE. THE PARTIES HELD A PRELIMINARY NEGOTIATION SESSION ON 1/17/90, PRIMARILY TO DISCUSS POSSIBLE WAYS OF EXPEDITING THE SETTLEMENT PROCESS. THE PARTIES ARE IN UNANIMOUS AGREEMENT THAT IT WOULD BE IN EVERYONE'S BEST INTEREST TO HAVE A COMPLETED AGREEMENT BY 6/90. THE SHORT TIMEFRAME IS OF SPECIAL SIGNIFICANCE BECASE THE ROD CALLS FOR DESIGN, CONSTRUCTION AND PERMITTING OF A SEPARATE LANDFILL CELL, FOLLOWED BY EXCAVATION AND TRANSPORTATION OF SLUDGE MATERIAL A CONSIDERABLE DISTANCE, ALL OF WHICH ARE SIGNIFICANTLY AFFECTED BY OREGON'S SEASONAL WEATHER FLUCTUATIONS. IF THE PARTIES ARE UNABLE TO TAKE ADVANTAGE OF THE 1990 'CONSTRUCTION SEASON', REMEDIAL ACTIVITIES WILL BE SIGNIFICANTLY DELAYED. TWCA HAS INDICATED EVERY INTENTION TO IMPLEMENT THE OPERABLE UNIT AT THE SITE, ALTHOUGH THEY ARE CONCERNED ABOUT THE TIME DELAYS INVOLVED IN THE CONSENT DECREE PROCESS. THEY HAVE RAISED THE ALTERNATIVE OF AN 'AGREED UNILATERAL ORDER' AS ONE WAY OF EXPEDITING THE PROCESS. IF AN AGREEMENT IS NOT REACHED WITH TWCA, REGION 10 IS PREPARED TO ISSUE A UNILATERAL ADMINISTRATIVE ORDER, PURSUANT TO SECTION 106 OF CERCLA, REQUIRING TWCA TO PERFORM THE INTERIM REMEDIAL ACTION SET FORTH IN THE ROD.

Defendants (1)

• TELEDYNE WAH CHANGNamed in settlement

Facilities (1)

• ATI WAH CHANG

  1600 OLD SALEM RD NE, ALBANY, OR, 97321-4582

  Registry ID: 110000488035

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ORDER ON CONSENTentered 1987-05-05

  Primary law: CERCLA

Timeline (3 milestones)

• 1986-02-13Enforcement Action Data Entered
• 1987-05-05Final Order Issued
• 1998-01-07Enforcement Action Closed