EPA v. ABSORBENT TECHNOLOGIES (FERRY ST.)

Case summary

On March 26, 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 “Ferry Street 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 Ferry Street Property and the associated “Queen 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 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 a UAO for the Queen Property on February 25, 2014, and issued the UAO for the Ferry Street Property on March 26, 2014. Work under the Ferry Street Property UAO was carried out by the EPA after the Ferry Street Respondents were unable to secure qualified contractors in time. Costs incurred by EPA for carrying out the work at the Ferry Street Property will now be submitted for cost reimbursement pursuant to the reimbursement provisions of each UAO.

Defendants (1)

• LOMBARD FOODS, INC.Named in settlement

Facilities (1)

• ABSORBENT TECHNOLOGIES SITE

  140 QUEEN AVE SW, ALBANY, OR, 97322

  Registry ID: 110000487973

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ABSORBENT TECHNOLOGIES (FERRY ST.)entered 2014-03-26

  Primary law: CERCLA

Timeline (2 milestones)

• 2014-03-26Final Order Issued
• 2014-03-27Enforcement Action Data Entered