EPA v. Absorbent Technologies UAO (Queen Ave. Site)

Case summary

On February 25, 2014, EPA Region 10 issued a Unilateral Administrative Order (UAO) under authority of CERCLA Section 106 to require the timely cleanup of an industrial facility known as the “Queen Property,” in Albany, Oregon. The property is part of the Absorbent Technologies site where EPA was called in initially during the government shutdown in October 2013 to help stabilize an industrial complex with very hazardous chemicals that had been abandoned abruptly by its operators. After the initial phase of emergency response by EPA, the Queen Property and the associated Ferry Street Property were subjected to voluntary cleanup actions provided by the facility owners. However, EPA later discovered that work at each property had not been conducted properly or completely, resulting in injuries to salvage workers at the Queen Property in February 2014. EPA sampling at both Queen and Ferry properties later revealed significant contamination remaining at both properties, including acrylonitrile found in the process piping, tanks, and filters. To address this remaining contamination, EPA issued the UAO for the Queen Property. Work under the Queen Property UAO was largely conducted by the UAO Respondents, but had to be taken over and completed by the EPA due to problems with the Respondents’ contractors. Work at the Queen Property was largely completed by EPA contractors on March 30, 2014. Costs incurred by EPA for overseeing and completing the work at the Queen Property will now be submitted for cost reimbursement pursuant to the reimbursement provisions of the UAO.

Defendants (3)

• Farouk H. Al-HadiNamed in settlement
• David L. EllisNamed in settlement
• Pamela L. EllisNamed in settlement

Facilities (1)

• ABSORBENT TECHNOLOGIES SITE

  140 QUEEN AVE SW, ALBANY, OR, 97322

  Registry ID: 110000487973

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Absorbent Technologies UAO (Queen Ave. Site)entered 2014-02-25

  Primary law: CERCLA

Timeline (3 milestones)

• 2014-02-25Final Order Issued
• 2014-02-26Enforcement Action Data Entered
• 2014-03-06Amended Administrative Order