EPA v. PACIFIC HIDE & FUR DEPOT, INC.

Case summary

THE SITE WAS FORMERLY USED FOR METAL SALVAGING OPERATIONS, INCLUDING THE PROCESSING OF TRANSFORMERS, CAPACITORS, AND BATTERIES. RESIDUAL OIL, CONTAMINATED WITH PCBS, WAS ALLOWED TO DRAIN DIRECTLY ONTO THE GROUND, CONTAMINATING SOILS. BATTERIES DISCARDED THROUGHOUT THE SITE. WIDESPREAD SOIL LEAD CONTAMINATION HAS BEEN CONFIRMED. THE PCB CONTAMINATION WAS REMEDIATED IN THE INITIAL OPERABLE UNIT. REMEDIAL ACTIVITIES WERE COMPLETED PURSUANT TO AN ADMINISTRATIVE ORDER WITH ONE OF THE PRPS, IDAHO POWER COMPANY. SIGNIFICANT LEAD CONTAMINATION WAS DISCOVERED DURING REMEDIAL ACTIVITIES ASSOCIATED WITH THE PCBS. EPA CONDUCTED THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY FOR LEAD FOLLOWING UNSUCCESSFUL NEGOTIATIONS. THE PROPOSED REMEDIAL ACTION DESCRIBED IN THE PRE-REFERRAL LITIGATION REPORT INCLUDES REMOVAL AND DISPOSAL OF ALL LEAD CONTAMINATED SOILS THAT EXCEED 1,000 PPM. INSTITUTIONAL CONTROLS WILL BE REQUIRED TO ASSURE THAT THE LAND USE REMAINS INDUSTRIAL. THE PROJECTED COST OF THE REMEDIAL ACTION IS APPROXIMATELY $5.1 MILLION. BOTH A CRIMINAL AND A CIVIL ACTION WERE FILED BY THE UNITED STATES ON BEHALF OF EPA IN MARCH 1983, FOLLOWING DISCOVERY OF THE PCB CONTAMINATION. THE CIVIL ACTION REMAINS OPEN. THE NAMED DEFENDANTS DO NOT, HOWEVER, INCLUDE THE NINE LEAD GENERATORS THAT HAVE BEEN NOTIFIED OF THEIR POTENTIAL LIABILITY. THE LIST OF PRPS ON THE FIRST PAGE OF THE CERCLA ENFORCEMENT CASE DATA FORM INCLUDES BOTH THE LEAD GENERATORS AND THE OWNERS/OPERATORS. THE OWNERS/OPERATORS ON THE LIST ARE PACIFIC HIDE & FUR, MCCARTY'S INC., WILLIAM MCCARTY AND UNION PACIFIC RAILROAD COMPANY. UNION PACIFIC IS BOTH AN OWNER/OPERATOR AND A LEAD GENERATOR.

Defendants (12)

• AMERICAN TELEPHONE & TELEGRAPH COMPANYNamed in complaint
• ANR FREIGHT SYSTEM, INC.Named in complaint
• CATE-IDAHO EQUIPMENT COMPANYNamed in complaint
• FMCNamed in complaint
• J.R. SIMPLOTNamed in complaint
• MCCARTY'S, INC.Named in complaint
• MONSANTONamed in complaint
• PACIFIC FRUIT EXPRESS COMPANYNamed in complaint
• PACIFIC HIDE & FUR DEPOT, INC.Named in complaint
• TERTELING COMPANYNamed in complaint
• UNION PACIFIC RAILROAD COMPANYNamed in complaint
• WILLIAM MCCARTYNamed in complaint

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (6 milestones)

• 1993-01-30Complaint Filed With Court
• 1993-01-30PRN Sent
• 1993-01-30Referred To Dept Of Justice
• 1995-05-01Enforcement Action Data Entered
• 1996-01-18Concluded
• 1996-01-18Enforcement Action Closed