EPA v. Thorco Transformer Time - Critical Removal

Case summary

The THORCO Transformer Time-Critical Removal Site is not listed on the National Priorities List. The Idaho State Communication Center (�State Comms�) forwarded a spill/release call to the EPA Region 10 duty officer on March 21, 2003. The call informed EPA of a spill and/or release of oil from electrical transformers, possibly containing polychlorinated biphenyls (�PCBs�), on a vacant lot owned by THORCO, Incorporated, which is an electrical construction company located at 4929 Industrial Avenue, in Coeur d�Alene, Kootenai County, Idaho 83814. State Comms indicated that a conference call occurred around 1745 hours on March 21, 2003 after Brian Kitchen, Idaho State Patrol (�ISP�), was informed of the illegal burn/spill site on Industrial Avenue West. Idaho State Department of Environmental Quality (�IDEQ�), Bureau of Hazardous Materials, District Public Health Region 1, and the Panhandle Regional Response Team were involved in the conference call. ISP documented the scene and collected soil samples from the area around the transformer and samples from a �burn barrel� drum located on site. Mr. James (Jim) Thorpe, president of THORCO, was identified as an owner of the transformers and the property where the spill/release had occurred. The Health District stated that the location was 190 feet from a local aquifer�s saturation zone. ISP and Bureau of Hazardous Materials informed the owner that he had one hour to �render the site safe�. The owner was allowed to use his own excavator and dump truck to remove the contaminated soil and transformer debris. The debris and oil were placed on wooden pallets inside one of THORCO�s buildings and the soil remained inside the dump truck which was parked underneath an awning to protect it from the elements. The site was classified as a level 2 Hazmat incident. IDEQ and ISP requested EPA to handle the remaining cleanup issues at the THORCO Transformer Site, including conducting an assessment to determine the presence of hazardous substances (PCBs) and to determine the threat the site may pose for human health and the environment.

Defendants (1)

• Thorco Inc.Named in settlement

Facilities (1)

• THORCO TRANSFORMER TIME-CRITICAL REMOVAL SITE

  4929 INDUSTRIAL AVENUE, COEUR D'ALENE, ID, 83814

  Registry ID: 110014347750

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Thorco Transformer Time - Critical Removalentered 2003-05-08

  Primary law: CERCLA

Timeline (3 milestones)

• 2003-04-28Enforcement Action Data Entered
• 2003-05-08Final Order Issued
• 2006-05-22Enforcement Action Closed