EPA v. BURLINGTON NORTHERN RAILROAD

Case summary

SOUTH TACOMA FELD OPERABLE UNIT OF THE COMMENCEMENT BAY SOUTH TACOMA CHANNEL SUPERFUND SITE, IS LOCATED IN TACOMA, PIERCE COUNTY, WASHINGTON AND WAS LISTED ON THE NPL IN 1983. A RI/FS WAS COMPLETED AND A ROD ISSUED. PRPS, INCLUDING OWNERS, OPERATORS, AND GENERATORS, HAVE BEEN IDENTIFIED. MAJOR CONTAMINANTS OF CONCERN IDENTIFIED BY THE RI IN THE GROUND WATER INCLUDE BENEZENE, TOLUENE, ETHYL BENZENE, XYLENES, AND 1,1,2 TRICHLOROETHANE. THIS CONTAMINATION HAS NOT MIGRATED OFF-SITE. MAJOR CONTAMINANTS OF CONCERN IN THE SOIL INCLUDE HEAVY METALS (INCLUDING LEAD, ARSENIC, AND CADMIUM), POLYNUCLEAR AROMATIC HYDROCARBONS (PAHS) AND POLYCHLORINATED BIPHENYLS (PCBS). RISKS AT THE SITE ARE DRIVEN PRIMARILY BY EXPOSURE TO ARSENIC. COSTS OF CLEANUP ARE DRIVEN PRIMARILY BY LEAD. REGION 10 IS SEEKING TO ENGAGE IN SETTLEMENT NEGOTIATIONS WITH THE PRPS FOR IMPLEMENTATION OF THE RD/RA.

Defendants (7)

• TACOMA INDUSTRIAL PROPERTIESNamed in complaintNamed in settlement
• AMSTED INDUSTRIES INCORPORATEDNamed in complaintNamed in settlement
• ATLAS FOUNDRY AND MACHINE COMPANY, INC.Named in complaintNamed in settlement
• BURLINGTON NORTHERN, INC.Named in complaintNamed in settlement
• CITY OF TACOMA - TACOMA PUBLIC UTILITIESNamed in complaintNamed in settlement
• CITY OF TACOMA-TAC DEPT OF PUBLIC WORKSNamed in complaintNamed in settlement
• PIONEER GUILDERS SUPPLY CO.Named in complaintNamed in settlement

Facilities (1)

• COMMENCEMENT BAY, SOUTH TACOMA CHANNEL

  S TACOMA CHANNEL OF COMMEN, TACOMA, WA, 98402

  Registry ID: 110009314474

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BURLINGTON NORTHERN RAILROADentered 1997-01-14

  Primary law: CERCLA

Timeline (8 milestones)

• 1995-06-27PRN Sent
• 1995-06-27Referred To Dept Of Justice
• 1995-06-28Enforcement Action Data Entered
• 1996-09-30Final Order Lodged
• 1996-09-30Complaint Filed With Court
• 1997-01-14Final Order Entered
• 1997-01-14Concluded
• 2006-05-19Enforcement Action Closed