EPA v. ST. MARIES CREOSOTE SITE

Case summary

EPA CONDUCTED A RECONNAISSANCE OF SITE ON1/7/99. AT THAT TIME, THE EPA OSC OBSERVED SEVERE SOIL STAINING AND SHEEN ON THE RIVER BANK IN THE AREA OF THE SITE, A STRONG ODOR OF CREOSOTE AND A HYDROCARBON SHEEN ON THE ST. JOE RIVER. IT APPEARED THAT A SOURCE OF HYDROCARBON OR HYDROCARBON RELATED MATERIAL WAS EMANATING FROM BENEATH THE SITE AND BEING DISCHARGED TO THE ST.JOE RIVER. CREOSOTE AND CREOSOTE-CONTAMINATED SOIL ARE EVIDENT IN A STRETCH OF RIVER BANK MEASURING APPROXIMATELY 30 FEET IN THE AREA OF A FORMER POLE TREATING FACILITY. SEVERAL RUSTED-OUT DRUMS WERE OBSERVED IMBEDDED INT HE RIVER BANK IN THIS AREA. THIS PART OF THE RIVER BANK IS THE SOURCE OF A HYDROCARBON SHEEN BEING DISCHARGED TO THE RIVER. THE RIVER IS USED COMMERCIALLY FOR TRANSPORTATION OF LOGS. IT IS USED RECREATIONALLY FOR FISHING AND WATERSKIING. A MUNI- CIPAL PARK WITH BOAT ACCESS TO THE RIVER IS IMMEDIATELY UPSTREAM OF THE SITE. THE RESERVATION BOUNDARY OF THE COEUR D'ALENE TRIBE IS IMMEDIATELY DOWNSTREAM FROM THE SITE. ACCORDING TO THE U.S. FISH AND WILDLIFE SERVICE, THE ST. JOE RIVER IN THIS STRETCH SERVES AS A MIGRATION PATHWAY TO UPPER REACHES OF THE WATERSHED FOR BULL TROUT AND WEST SLOPE CUTTHROAT. BALD EAGLES REPORTEDLY FEED IN THE AREA, AND SEVERAL EAGLES WERE OBSERVED NEAR THE SITE DURING THE EPA SITE RECONNAISSANCE.

Defendants (2)

• CARNEY PRODUCTS COMPANY, LIMITEDNamed in settlement
• CITY OF ST MARIESNamed in settlement

Facilities (1)

• ST MARIES CREOSOTE SITE

  SW 1/4 OF NE 1/4 OF SEC 22, T46N, R2W, SAINT MARIES, ID, 83861

  Registry ID: 110005790812

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CARNEY PRODUCTS COMPANY, LIMITEDentered 1999-01-26

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-01-19Enforcement Action Data Entered
• 1999-01-26Final Order Issued
• 2006-05-22Enforcement Action Closed