Weekly Reports
1993
ENFORCEMENT
CONFIDENTIAL
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: October 4, 1993
SUBJECT: Weekly Report for the Week of 09/27/93-^0/01/93
FROM:
y^JLohn R. Barker"
Regional Counsel
THRU:
TO:
ATTN:
Patrick M. Tobin
Acting Regional Administrator, Region IV
Steven A. Herman
Assistant Administrator for Enforcement (2211)
Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: Not Determined
2. Cases Referred to DOJ this week:
REGION IV REFERS CONSENT DECREE FOR RD/RA AT THE JFD
ELECTRONICS/CHANNEL MASTER SUPERFUND SITE
IMPACT: On September 29, 1993, the Region sent to DOJ a
Consent Decree which was executed by JFD Electronics
Corporation (JFD) and Channel Master Satellite Systems,
Inc., (Channel Master). The Decree provides for (1) the
performance and funding of the remedy selected by EPA in the
ROD or any other remedy that may be selected in the future
by EPA; (2) the full payment of recoverable past costs
incurred by EPA in the amount of $1,550,986.52, as of
June 12, 1993, (including pre-judgment interest and DOJ
costs), and (3) the payment of 100% of future costs to be
incurred by EPA in overseeing implementation of the remedy.
BACKGROUND; JFD and Channel Master were past and current
owners/operators at the time of disposal. All of the waste
at the Site were contributed by JFD and Channel Master as a
result of their electroplating process in the antenna
manufacturing business. Channel Master has owned the Site
since July 15, 1980. In 1984, Channel Master moved its
manufacturing operations to its Smithfield, North Carolina,
facility.
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In 1989, EPA identified four PRPs based on their status as
past and/or current owners/operators: JFD Electronics
Corporation (past owner/operator), The Unimax (past
owner)(JFD's parent company), Channel Master (current
owner/past operator) and Granville Industrial Developers,
Inc., (GID) (past owner).
On March 30, 1993, EPA sent four §122(e) Special Notice
Letters to the above PRPs. GID declined to conduct or
finance an RD/RA or to reimburse EPA's past response costs
incurred at the Site. On June 4, 1993, JFD, Channel Master
and Unimax submitted a good faith offer to EPA. EPA, DOJ
and the cooperative PRPs began RD/RA negotiations
immediately thereafter, and reached an agreement in
principle on August 6, 1993. Only JFD and Channel Master,
signed the Consent Decree on August 20, 1993. During RD/RA
negotiations Unimax, requested not to be named in the
Complaint and Consent Decree, as a settling defendant. In
exchange for this consideration, JFD (a wholly-owned
subsidiary of Unimax) and Channel Master, individually and
jointly agreed, to the Model CERCLA RD/RA Consent Decree,
and the terms described above. The moratorium period ended
on August 6, 1993.
CONTACT: Richard S. Leahy
CERCLA Branch
(404) 347-2641, ext. 2252
REGION IV REFERS CONSENT DECREE FOR RD/RA AT THE CEDARTOWN
INDUSTRIES SITE
IMPACT: On Thursday, September 30, 1993, Region IV
submitted a Consent Decree for the RD/RA at the Cedartown
Industries Site to the Department of Justice. Under the
terms of the Consent Decree, Sanders Lead Company, Inc.,
(Sanders), N. Kenneth Campbell, and Victor Laxson agreed to
conduct the RD/RA with EPA oversight. These defendants also
agreed to pay all past and future response and oversight
costs plus accrued interest.
BACKGROUND: The Cedartown Industries Site is located at
4 04 Furnace Street in Cedartown, Georgia. From February
1978 to May 1980, Cedartown Industries, Inc., operated a
secondary lead smelting facility on the Site. Lead and
cadmium have been detected in soils and groundwater at the
Site. EPA added Cedartown Industries to the NPL in February
1990.
CONTACT: Andrew J. Harrison
CERCLA Branch
(404) 347-2641, ext. 2264
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PRE-REFERRAL SENT TO HEADQUARTERS FOR ENVIRONMENTAL
RESOURCES. INC.. CLEAN AIR ACT (CAA1 VIOLATIONS
IMPACT: On September 30, 1993, the Region sent to the
Office of Enforcement and the Department of Justice a pre-
referral recommendation and a mini-litigation report in the
case of Environmental Resources, Inc., (ERI) for violations
of the National Emission Standards for Hazadous Air
Pollutants (NESHAP), a violation of the CAA. The pre-
referral package requests permission to negotiate a
settlement with ERI prior to filing a civil complaint with
the District Court for the Western District of Kentucky.
BACKGROUND; In April 1991, ERI, formerly doing business as
Toxic Removal Systems, Inc., (TRS) was hired by the
Louisville Water Company (LWC) to remove asbestos-containing
pipe insulation from three of the LWC buildings. Based upon
complaints by the LWC and an inspection by the Jefferson
County Air Pollution Control District, it was determined
that TRS had left dry asbestos material at the LWC sites, a
violation of the asbestos NESHAP regulations in 40 C.F.R.
Part 61, Subpart, promulgated under Section 112 of the Clean
Air Act. After the County was unable to resolve the matter
with TRS the lead was given to EPA. The Region is
recommending a $63,000 penalty for 21 consecutive days of
asbestos NESHAP violations.
CONTACT: Alan Dion
RCRA/Air Branch
404/347-2335, ext. 2131
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
CSX CONSENT DECREE FILED WITH COURT FPU PT.FAN WATER ACT
(CWA) VIOLATIONS
IMPACT: On September 27, 1993, the U.S. Attorney for the
Middle District of Florida filed a consent decree executed
by EPA and by CSX Transportation, Inc., (CSX) for alleged
violations of the CWA at six railroad yards owned by CSX in
Florida and North Carolina. The consent decree requires CSX
to pay a $3,000,000 civil penalty, and to perform four
Supplemental Environmental Projects (SEPs) valued at over
$4,000,000. This is Region IV's largest CWA enforcement
settlement ever, and one of the largest CWA settlements in
the Agency's history.
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BACKGROUND: The Region had filed a civil complaint against
CSX on April 10, 1992, alleging that discharges from the six
CSX railyards exceeded limits in their respective National
Pollutant Discharge .Elimination System (NPDES) Permits for
these facilities. CSX remedied the violations at all six
yards, and agreed to the settle this matter for $3,000,000
cash and the SEPs. The four projects are: an NPDES
compliance audit at 21 active CSX yards in Region IV, a
multi-media risk assessment audit at 61 inactive CSX
facilities nationwide, an environmental awareness training
program for CSX managers throughout the corporation, and
development of a best management practices manual and
seminar for storm water runoff at rail road yards.
Notice of lodging of the consent decree was published in the
Federal Register on September 27, 1993, and the public will
have 30 days to comment before the decree is entered by the
court. CSX will have 30 days after entry of the decree to
pay the $3,000,000 penalty. CSX has already begun work on
the SEPs.
CONTACT: Alan E. Dion
RCRA/Air Branch
(404) 347-2335, ext. 2131
CROWN CORK & SEAL CONSENT DECREE FILED WITH NORTHERN
DISTRICT OF MISSISSIPPI FOR CAA VIOLATIONS
IMPACT: On September 30, 1993, the U.S. Attorney for the
Northern District of Mississippi filed an executed consent
decree in settlement of the Agency's pending enforcement
action against Crown Cork and Seal Company, Inc., (Crown)
for violations of the CAA. Under this decree Crown will pay
the government $343,000 for past violations of Prevention of
Significant Deterioration (PSD) and New Performance
Standards (NSPS) requirements under the Act. In addition,
Crown has agreed to perform three Supplemental Environmental
Projects (SEPs) valued at more than $2,000,000 after tax.
BACKGROUND: On or about June 1987, Crown commenced
operations of a new two-piece can coating facility in
Batesville, Mississippi, without first obtaining a PSD
permit or testing and reporting commencement pursuant to
requirements under NSPS, both violations of the CAA. EPA
pre-referred this matter for civil enforcement on May 10,
1989, and after exploring and deciding against criminal
action, returned the matter for civil enforcement in 1991.
The Region subsequently reached an agreement with Crown on
the $343,000 penalty, and on the following SEPs: a new
regenerative incinerator at the Batesville plant to further
reduce VOC emissions below legal requirements; a pilot
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project at Crown's Cheraw, South Carolina facility to test
use of a bio-filter to control VOC emissions; and a
management environmental awareness training program for
Crown's corporate managers and for managers at all Crown can
coating facilities in the United States.
The decree will be lodged for 30 days to allow public
comments on the settlements. The $343,000 penalty will be
due 30 days after final entry of the decree. Crown has
already commenced work on some of the SEPs.
CONTACT: Alan Dion
RCRA/Air Branch
404/347-2335, ext. 2131
6. Litigation Settled by Negotiations:
AGREEMENT REACHED IN KENTUCKY WETLANDS CASE INVOLVING
EASTERN RESOURCES. INC.
IMPACT: EPA and Eastern Resources, Inc., (Eastern) have
reached tentative agreement on the terms of a Proposed
Consent Agreement and Final Order in the above-referenced
matter. The agreement calls for Eastern to mitigate and
restore a site upon which mining has occurred, consistent
with the terms of the current state Surface Mining
Reclamation Plan. It also calls for Eastern to acquire
another site and to restore wetlands and to preserve
existing wetlands on that second site.
BACKGROUND; Eastern challenged an Administrative Order,
issued by EPA in this matter under Section 309(a) of the
CWA. The complex litigation also involves a takings claim
filed by the lessors of land, a claim in which the Plaintiff
joined.
Upon execution of the Order by the parties, Eastern will
move to dismiss all of its claims against the United States
in the matters of Eastern Resources. Inc. v. Thomas Mercer
et al v. United States Army Corps of Engineers and Kentucky
Department for Environmental Protection (United States
District Court - Western District of. Kentucky) and Thomas
Mercer et al and Eastern Resources. Inc. v. United States
(United States Court of Claims).
CONTACT; Craig Higgason
Water Branch
347-2309, ext. 2915
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7. Significant Administrative Actions:
DE MINIMIS SETTT.KMENT SIGNED AT SAPP BATTERY SUPERFUND SITE
IMPACT; On September 30, 1993, Region IV entered into
Administrative Settlements with thirteen (13) generator PRPs
under CERCLA Section 122(g) at the Sapp Battery Superfund
Site, Cottondale, Florida.
BACKGROUND; In 1993, Region IV transmitted de minimis
administrative settlement offers to thirty-nine (39)
recalcitrant generator PRPs at the Sapp Battery Superfund
Site in Cottondale, Florida (the Site). Each of these PRPs
is responsible for less than 0.1% of the total documented
waste disposed of at the Site.
Region IV has reached agreement with thirteen (13) of these
recalcitrant generator PRPs under an Administrative Order on
Consent. The total amount of these settlements is
$152,180.99 of which $105,746.62 will be applied to EPA's
outstanding past costs. The remainder of the money will be
allocated to pay for the cleanup of the three (3) Operable
Units.
CONTACT; Ramiro Llado
CERCLA Branch
(404) 347-2641, ext. 2244
REGION IV SEEKS DOJ CONCURRENCE ON THE ISSUANCE OF RD/RA
UAOS TO FEDERAL PRPS AT THE YELLOW WATER ROAD SUPERFUND SITE
IMPACT: On September 30, 1993, Region IV requested DOJ
concurrence on the issuance of RD/RA UAOs to three (3)
federal PRPs at the Yellow Water Road Site in Baldwin, Duval
County, Florida (the Site). Those federal PRPs are the
Defense Logistics Agency, the Department of Veterans Affairs
and the Bureau of Reclamation. Pursuant to Executive Order
12580, DOJ must concur on the issuance of any orders to
federal PRPs.
BACKGROUND: On November 9, 1992, EPA issued special notice
letters under Section 122(e) of CERCLA, 42 U.S.C. § 9622(e),
to the federal and private PRPs, requesting that the parties
perform the remedial action for the soil operable unit,
perform the remedial design and remedial action for the
groundwater operable unit at the Site, and reimburse EPA for
its past response costs. Subsequent negotiations have been
unsuccessful. Region IV intends to issue the UAOs to the
three (3) federal PRPs, and to 12 private PRPs to perform
the remedial work at the Site.
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The federal PRPs at the Site account for approximately 65%
of the hazardous substances sent to the Site. The
Department of Defense alone is responsible for 60% of the
waste. The volumetric shares of the largest private PRPs
range between 1.0 and 2.7%. By seeking to issue the UAOs to
the federal PRPs as well as the private PRPs, Region IV is
furthering EPA's attempts to treat federal PRPs the same as
private PRPs and to implement CERCLA in a fair and equitable
manner.
CONTACT: Chuck Mikalian
CERCLA Branch
(404) 347-2641, ext. 2269
REGION ENTERS INTO ADMINISTRATIVE ORDER ON CONSENT
REGARDING CERCLA REMOVAL ACTION IN BYHALIA. MISSISSIPPI
IMPACT: On September 27, 1993, EPA, Region IV, executed an
Administrative Order on Consent for a PRP-lead removal
action at the Enterprise Recovery Systems Site in Byhalia,
Mississippi. The removal action required under the Order
includes arranging for a permanent alternative portable
water supply to local residents whose wells are contaminated
by releases from the Site, disposing of waste materials
stored in on-site drums and tanks, and disposing of
contaminated soil and debris.
BACKGROUND; The Enterprise Recovery Systems, Inc., facility
operated approximately from 1979 to 1991 as a fuels blending
and solvent recycling facility. Enterprise Recovery
Systems, Inc., ceased operations in October 1991 when-its
insurer canceled insurance coverage after discovering
significant soil and groundwater contamination at the Site.
CONTACT: Beth Davis
CERCLA Branch
(404) 347-2641, ext. 2283
SETTLEMENT OF RCRA SECTION 3008fa) COMPLAINT FILED IN 1993
ILLEGAL OPERATOR INITIATIVE AGAINST GENERAL ELECTRIC
COMPANY'S KENTUCKY GLASS PLANT. LEXINGTON. KENTUCKY
IMPACT: By a Consent Agreement and Consent Order entered on
September 27, 1993, General Electric Company (GE) agreed to
pay a civil penalty of $83,000.00 to EPA in settlement of an
administrative action filed by Region IV under Section
3008(a) of RCRA as part of the July 1993 Illegal Operator
Initiative.
BACKGROUND; At its Kentucky Glass Plant, GE operates a
facility that manufactures incandescent light bulbs. During
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the manufacturing process, raw materials are placed in a
furnace to produce molten glass. Some of the bricks in the
furnace contain chromium oxide. In 1987, GE installed an
electrostatic precipitator on the furnace stacks to collect
particulate matter (EP dust) generated in the furnace.
During inspections performed in December, 1992, the
Commonwealth of Kentucky learned that GE had not been making
hazardous waste determinations on the EP dust. The Region
performed inspections in February and March, 1993, and
determined that the EP dust was a characteristic hazardous
waste for chromium.
On July 15, 1993, as part of the Illegal Operator
Initiative, the Region filed a RCRA Complaint and Compliance
Order against GE. The Complaint contained one count,
failure of a generator to make a hazardous waste
determination under 40 C.F.R. 268.7(a). Following an
informal conference, GE agreed to pay a civil penalty of
$83,000.00 to EPA, in settlement of the action. GE is now
appropriately disposing of the EP dust.
CONTACT: Michiko Kono
CERCLA Branch
(404) 347-2641, ext. 2289
EPA AND DSM NORTH AMERICA. INC.. ENTER INTO CONSENT
AGREEMENT AND CONSENT ORDER SETTLING RCRA S 3008(A) MATTER
FILED IN 1992 REGION IV BIF INITIATIVE
IMPACT; DSM Chemicals, North America, Inc., located in
Augusta, Georgia, has agreed to pay $121,750 in civil
penalties to resolve violations of RCRA and its implementing
regulations, including the regulations governing Boilers and
Industrial Furnaces (BIFs).
BACKGROUND; DSM operates a chemical manufacturing facility
that produces caprolactum, a monomer used in the production
of Nylon 66. In the caprolactum manufacturing process, DSM
generates hazardous wastes which it burns in two on-site
boilers. On August 31, 1992, EPA issued a Complaint and
Compliance Order against DSM alleging violations of, among
other things, the requirements of the RCRA BIF Rule, which
are found at 40 C.F.R. Part 266, Subpart H. The Complaint
was filed as part of the "1992 Region IV BIF Initiative."
The Consent Agreement and Compliance Order (CACO) requires
DSM to pay a civil penalty of $121,750 within 15 days of the
CACO's effective date, and to demonstrate compliance with
the BIF Rule within 45 days of the effective date.
CONTACT: Wayne Lee
CERCLA Branch
(404) 347-2641, ext. 2234
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RCRA COMPLAINT ISSUED TO KENTUCKY SOLITE CORPORATION,
BROOKS. KENTUCKY. AS PART OF THE NATIONAL COMBUSTION
INITIATIVE
IMPACT: On September 27, 1993, Region IV issued an
administrative Complaint against Respondent, Kentucky Solite
Corporation as part of the National Combustion Initiative.
The Complaint alleged four violations of the Resource
Conservation and Recovery Act (RCRA) and assessed a penalty
of $485,350.
BACKGROUND; Kentucky Solite Corporation operates a facility
in Brooks, Kentucky, which mines and processes a mixture of
clay, slate, shale, sand, dust, admixtures and other
materials to produce a lightweight aggregate (solite), a
building material that is used in concrete, and for other
purposes. In August, 1990, EPA and the Kentucky Department
for Environmental Protection (KDEP) performed a routine
compliance evaluation inspection at the facility. During
the inspection, EPA determined that the company was in
violation of certain regulations found in 40 C.F.R. Part
266, Subpart H (referred to as the BIF Rule). These
requirements are standards applicable to owners and
operators of facilities which burn, for purposes of energy
recovery, any fuel produced from hazardous waste or any fuel
which otherwise contains a hazardous waste.
EPA alleged that Kentucky Solite failed to comply with a
number of appropriate RCRA requirements. Specifically,
Kentucky Solite failed to perform, for three consecutive
months, leak detection monitoring on its equipment that
contains or contacts hazardous waste; submit a complete
accurate "Certification of Compliance" on or before
August 21, 1992; make a hazardous waste determination for
the lightweight aggregate kiln baghouse dust; and
continuously monitor and record hydrocarbon levels while
burning hazardous waste.
CONTACT: Marlene J. Tucker
CERCLA Branch
(404) 347-2641, ext. 2242
RCRA COMPLAINT ISSUED TO HOLNAM. INC.. HOLLY HILL. SOUTH
CAROLINA. AS PART OF THE NATIONAL COMBUSTION INITIATIVE.
IMPACT: On September 27, 1993, EPA filed a Complaint
against Holnam, Inc., as part of the National Combustion
Initiative, seeking $838,850 in penalties for violation of
the BIF regulations.
BACKGROUND: Holnam, Inc., (Holnam) operates a facility in
Holly Hill, South Carolina, which manufactures wet process
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Portland and Masonry cement. Holnam is currently permitted
under RCRA as a hazardous waste storage facility, but has
applied for a permit modification to add two newly regulated
treatment units to its RCRA permit. The two units for which
Holnam seeks a permit modification became newly regulated as
a result of the promulgation of the Boiler and Industrial
Furnace (BIF) regulations under 40 C.F.R. Part 266, Subpart
H. The two units, both cement kilns, burn hazardous waste,
as fuel in the manufacture of cement. Region IV conducted
inspections at the facility on July 14-16, 1992, and
August 11-12, 1993, to determine Holnam's compliance with
the BIF regulations. As a result of the inspections, EPA
alleges that Holnam failed to comply with a number of RCRA
requirements, including provisions of the BIF regulations.
CONTACT; Catherine Winokur
RCRA/Air Branch
404/347-2335, ext. 2159
RCRA COMPLAINT ISSUED TO MALLINCKRODT SPECIALITY CHEMICALS
COMPANY. RALEIGH. NORTH CAROLINA. AS PART OF THE NATIONAL
COMBUSTION INITIATIVE.
IMPACT: EPA filed a Complaint and Compliance Order
(Complaint) against Mallinckrodt Speciality Chemicals
Company (Mallinckrodt) on September 27, 1993, as part of the
National Combustion Initiative. The Complaint assesses a
penalty of $329,500 and orders Mallinckrodt to correct the
violations cited in the Complaint or cease burning hazardous
waste.
BACKGROUND: Mallinckrodt operates a facility in Raleigh,
North Carolina which manufactures para-amino phenol, a
precursor to acetaminophen, and is the largest manufacture
of this product in the world. In the course of its
operations, the facility burns hazardous waste in an on-site
steam boiler. The boiler became subject to RCRA on
August 21, 1991, when Mallinckrodt achieved interim status
to operate the boiler pursuant to the Boiler and Industrial
Furnace (BIF) regulations. On February 9-11, 1993, EPA
conducted a compliance evaluation at the facility to
determine if the facility was in compliance with all
applicable RCRA requirements, including the BIF regulations.
The results of that inspection serve as the basis for the
Complaint in which EPA alleges that Mallinckrodt failed to
comply with a number of applicable BIF regulations.
CONTACT: Craig Higgason
Water Branch
404/347-2309, ext. 2915
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RCRA NOTICE OF VIOLATION AND PENALTY DEMAND ISSUED TO
LAIDLAW ENVIRONMENTAL SERVICES (TOC I. INC.. ROEBUCK. SOUTH
CAROLINA. AS PART OF THE NATIONAL COMBUSTION INITIATIVE.
IMPACT: On September 27, 1993, EPA issued to Laidlaw
Environmental Services (TOC), Inc., (TOC), Roebuck, South
Carolina a Notice of Violation and Penalty Demand (NOV)
seeking a payment of $61,500 from TOC. The NOV was issued
as part of the National Combustion Initiative.
BACKGROUND: TOC operates a hazardous waste incinerator
facility in Roebuck, South Carolina. As a result of a
permit appeal, TOC is operating the incinerator unit under
an Order issued on September 4, 1990, by the United States
Court of Appeals for the Fourth Circuit. The Order
specifies operating conditions for the facility, reporting
requirements and a procedure for the payment of penalties in
the event that TOC fails to comply with the operating
conditions. Based upon reports submitted by TOC on
November 24, 1992, February 17, 1993, June 15, 1993 and
July 14, 1993, EPA has determined that TOC is in violation
of certain operating conditions contained in the Order.
Using the procedure set out in the order, EPA has issued the
NOV seeking the payment of the $61,500 penalty.
CONTACT: Michael Newton
RCRA/Air Branch
404/347-2641, ext. 2276
8. Other Significant Events:
RD/RA SPECIAL NOTICE LETTER ISSUED AT REEVES SOUTHEASTERN
SITE. TAMPA. FLORIDA
IMPACT: On September 30, 1993, Region IV issued a Special
Notice Letter under Section 122(e) of CERCLA to Reeves
Southeastern Corporation requesting Reeves to conduct the
RD/RA at the Reeves Southeastern NPL Site, and to reimburse
EPA for past costs.
BACKGROUND; Reeves Southeastern Corporation makes
galvanized steel products (wire fencing) at its two
facilities located east of Tampa, in Brandon, Florida.
Until approximately the early 1980's, the facilities used
percolation ponds to store and treat wastewater from their
production processes. Operations resulted in the
contamination of the soils, sediments and ground water at
the Site primarily with extremely high levels of zinc.
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Reeves Southeastern Corporation performed the RI/FS under an
Administrative Consent Order. EPA has signed two Records of
Decision for the Site; Operable Unit One addresses the soils
and sediments, while Operable Unit Two addresses ground
water contamination. Reeves also signed an amendment to the
RI/FS Consent Order under which it agreed to conduct the
Remedial Design for Operable Unit One. Operable Unit One
requires that contaminated soils and sediments in and around
the ponds be excavated and then solidified on-site in the
excavated areas, and for the ponds to be capped. Operable
Unit Two will allow natural attenuation of contaminants in
ground water for 2 1/2 years. After 2 1/2 years, EPA will
determine if ground water contamination has dropped
sufficiently. If levels have not dropped to acceptable
levels, Reeves will have to implement the contingency remedy
of pump and treat until acceptable levels are reached.
Additionally, Operable Unit Two requires Reeves to install a
barrier to prevent contaminated ground water from
discharging into a nearby creek. The estimated cost of
Operable Unit One is $551,000; Operable Unit is estimated to
cost $150,000 for natural attenuation, and $2,500,000 if the
contingent remedy must be implemented. Additionally, EPA
will seek to recover $213,000 in past costs.
CONTACT: Robert Caplan
CERCLA Branch
(404) 347-2641, ext. 2239
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick Mi Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE
October 1, 1993
SUBJECT: Weekly Report for the Week of 09/27/93 - 10/01/93
1. Projected Litigation Referrals for the 4th Quarter: Four
2. Cases Referred to DOJ This Week: Two
REGION IV REFERS CONSENT DECREE FOR RD/RA AT THE JFD
ELECTRONICS/CHANNEL MASTER SUPERFUND SITE
IMPACT: On September 29, 1993, the Region sent to DOJ a
Consent Decree which was executed by JFD Electronics
Corporation ("JFD") and Channel Master Satellite Systems,
Inc., ("Channel Master"). The Decree provides for (1) the
performance and funding of the remedy selected by EPA in the
ROD or any other remedy that may be selected in the future
by EPA; (2) the full payment of recoverable past costs
incurred by EPA in the amount of $1,550,986.52, as of June
12, 1993, (including pre-judgment interest and DOJ costs),
and (3) the payment of 100% of future costs to be incurred
by EPA in overseeing implementation of the remedy.
BACKGROUND; JFD and Channel Master were past and current
owners/operators at the time of disposal. All of the waste
at the Site were contributed by JFD and Channel Master as a
result of their electroplating process in the antenna
manufacturing business. Channel Master has owned the Site
since July 15, 1980. In 1984, Channel Master moved its
manufacturing operations to its Smithfield, North Carolina,
facility.
FROM: Phyllis P. Harris, Chief
CERCLA Branch
TO
John R. Barker
Regional Counsel
In 1989, EPA identified four PRPs based on their status as
past and/or current owners/operators: JFD Electronics
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Corporation (past owner/operator), The Unimax (past
owner)(JFD's parent company), Channel Master (current
owner/past operator) and Granville Industrial Developers,
Inc. ("GID") (past owner).
On March 30, 1993, EPA send four §122(e) Special Notice
Letters to the above PRPs. GID declined to conduct or
finance an RD/RA or to reimburse EPA's past response costs
incurred at the Site. On June 4, 1993, JFD, Channel Master
and Unimax submitted a good faith offer to EPA. EPA, DOJ
and the cooperative PRPs began RD/RA negotiations
immediately thereafter, and reached an agreement in
principle on August 6, 1993. Only JFD and Channel Master,
signed the Consent Decree on August 20, 1993. During RD/RA
negotiations Unimax, requested not to be named in the
Complaint and Consent Decree, as a settling defendant. In
exchange for this consideration, JFD (a wholly-owned
subsidiary of Unimax) and Channel Master, individually and
jointly agreed, to the Model CERCLA RD/RA Consent Decree,
and the terms described above. The moratorium period ended
on August 6, 1993.
CONTACT: Richard S. Leahy
CERCLA Branch
(404) 347-2641, ext. 2252
REGION IV REFERS CONSENT DECREE FOR RD/RA AT THE CEDARTOWN
INDUSTRIES SITE
IMPACT: On Thursday, September 30, 1993, Region IV
submitted a Consent Decree for the RD/RA at the Cedartown
Industries Site to the Department of Justice. Under the
terms of the Consent Decree, Sanders Lead Company, Inc.
(Sanders), N. Kenneth Campbell, and Victor Laxson agreed to
conduct the RD/RA with EPA oversight. These defendants also
agreed to pay all past and future response and oversight
costs plus accrued interest.
BACKGROUND: The Cedartown Industries Site is located at
404 Furnace Street in.Cedartown, Georgia. From February
1978 to May 1980, Cedartown Industries, Inc., operated a
secondary lead smelting facility on the Site. Lead and
cadmium have been detected in soils and groundwater at the
Site. EPA added Cedartown Industries to the NPL in February
1990.
CONTACT; Andrew J. Harrison
CERCLA Branch, Georgia/Alabama/Mississippi Section
(404) 347-2641, ext. 2264
3. Cases Filed by DOJ: None
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4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: Six
DE MINIMIS SETTLEMENT SIGNED AT SAPP BATTERY SUPERFUND SITE
IMPACT: On September 30, 1993, Region IV entered into
Administrative Settlements with thirteen (13) generator PRPs
under CERCLA Section 122(g) at the Sapp Battery Superfund
Site, Cottondale, Florida.
BACKGROUND: In 1993, Region IV transmitted de minimis
administrative settlement offers to thirty-nine (39)
recalcitrant generator PRPs at the Sapp Battery Superfund
Site in Cottondale, Florida (the Site). Each of these PRPs
is responsible for less than 0.1% of the total documented
waste disposed of at the Site.
Region IV has reached agreement with thirteen (13) of these
recalcitrant generator PRPs under an Administrative Order on
Consent. The total amount of these settlements is
$152,180.99 of which $105,746.62 will be applied to EPA's
outstanding past costs. The remainder of the money will be
allocated to pay for the cleanup of the three (3) Operable
Units.
CONTACT: Ramiro Llado
CERCLA Branch, Florida Section
(404) 347-2641 Extension 2244
REGION IV SEEKS DOJ CONCURRENCE ON THE ISSUANCE OF RD/RA
UAOS TO FEDERAL PRPS AT THE YELLOW WATER ROAD SUPERFUND SITE
IMPACT: On September 30, 1993, Region IV requested DOJ
concurrence on the issuance of RD/RA UAOs to three (3)
federal PRPs at the Yellow Water Road Site in Baldwin, Duval
County, Florida (the Site). Those federal PRPs are the
Defense Logistics Agency, the Department of Veterans Affairs
and the Bureau of Reclamation. Pursuant to Executive Order
12580, DOJ must concur on the issuance of any orders to
federal PRPs.
BACKGROUND: On November 9, 1992, EPA issued special notice
letters under Section 122(e) of CERCLA, 42 U.S.C. § 9622(e),
to the federal and private PRPs, requesting that the parties
perform the remedial action for the soil operable unit,
perform the remedial design and remedial action for the
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groundwater operable unit at the Site, and reimburse EPA for
its past response costs. Subsequent negotiations have been
unsuccessful. Region IV intends to issue the UAOs to the
three (3) federal PRPs, and to 12 private PRPs to perform
the remedial work at the Site.
The federal PRPs at the Site account for approximately 65%
of the hazardous substances sent to the Site. The
Department of Defense alone is responsible for 60% of the
waste. The volumetric shares of the largest private PRPs
range between 1.0 and 2.7%. By seeking to issue the UAOs to
the federal PRPs as well as the private PRPs, Region IV is
furthering EPA's attempts to treat federal PRPs the same as
private PRPs and to implement CERCLA in a fair and equitable
manner.
CONTACT: Chuck Mikalian
CERCLA, NC/SC Section
(404) 347-2641 ext. 2269
REGION IV SEEKS APPROVAL IN MAXEY FIATS CASE TO ISSUE
UNILATERAL ORDER TO FEDERAL AGENCY AND OTHER PRPs
IMPACT: On Tuesday, September 21, Region IV submitted a
request to the Department of Justice seeking approval to
include federal agency PRPs in a possible future Unilateral
Administrative Order to certain major PRPs for performance
of remedial action at the Maxey Flats Disposal Superfund
Site, which may be issued in the event current negotiations
are not successful. The Region is seeking DOJ concurrence
as is required before issuing such orders to federal
agencies.
BACKGROUND: EPA and DOJ are currently involved in RD/RA
Consent Decree negotiations with the major Maxey Flats PRPs
under a 75 day moratorium. Federal agency PRPs contributed
a majority of the hazardous substances disposed of at the
Site. Private generator PRPs and the Commonwealth of
Kentucky, as a generator and owner/operator, are also
participating in negotiations. Prospective approval to
issue the Order is sought so that the agency will be able to
proceed expeditiously in the event negotiations do not
result in a global settlement.
CONTACT: Richard Glaze, Jr.
CERCLA Branch, KY/TN Section
(404) 347-2641, ext. 2288
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REGION ENTERS INTO ADMINISTRATIVE ORDER ON CONSENT
REGARDING CERCLA REMOVAL ACTION IN BYHALIA. MISSISSIPPI
IMPACT: On September 27, 1993, EPA, Region IV, executed an
Administrative Order on Consent for a PRP-lead removal
action at the Enterprise Recovery Systems Site in Byhalia,
Mississippi. The removal action required, under the Order
includes arranging for a permanent alternative portable
water supply to local residents whose wells are contaminated
by releases from the Site, disposing of waste materials
stored in on-site drums and tanks, and disposing of
contaminated soil and debris.
BACKGROUND: The Enterprise Recovery Systems, Inc., facility
operated approximately from 1979 to 1991 as a fuels blending
and solvent recycling facility. Enterprise Recovery
Systems, Inc., ceased operations in October 1991 when its
insurer canceled insurance coverage after discovering
significant soil and groundwater contamination at the Site.
CONTACT: Beth Davis
CERCLA Branch, Georgia/Alabama/Mississippi Section
(404) 347-2641, ext. 2283
REGIONS IV'S SECOND LANDOWNER DE MINIMIS SETTLEMENT
FINALIZED
IMPACT: Region IV finalized its second landowner de minimis
settlement on September 30, 1993. EPA and the First Union
National Bank of South Carolina (the Bank) signed an
Administrative Order on Consent pursuant to Section
122(g)(1)(B) of CERCLA, under which the Bank agreed to
reimburse EPA for the sum of $150,000.00 to cover a portion
of EPA's past response costs at the Rock Hill Chemical
Company Superfund Site. In addition, the Bank has agreed to
provide EPA access to its property in return for the early
de minimis landowner settlement.
BACKGROUND: From 1960 through 1964, the Rock Hill Chemical
Company Superfund Site (the Site) in Rock Hill, South
Carolina, was the location of the Rock Hill Chemical
Company, a solvent reclamation company that was destroyed by
a fire in October 1964. In 1972, eight years after the Rock
Hill Chemical Company was destroyed by fire, the Bank
purchased a portion of the Site property. The Bank began
constructing a branch office in 1984, whereupon it
discovered drums and hazardous waste buried beneath its
property. In 1989, the Bank performed a removal action on
its property and, thereafter, only recovered 50% of its
removal costs from the eleven (11) PRPs that caused the
contamination at the Site.
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The Bank has certified in a letter to EPA, that it conducted
all appropriate inquiry into the previous ownership and uses
of the property, consistent with good commercial and
customary practices, and that had neither actual or
constructive knowledge that its property had been used for
the generation, transportation, storage, treatment, or
disposal of any hazardous substances.
CONTACT: Mark M. Davis
CERCLA Branch, NC/SC Section
(404) 347-2641 extension 2271
EPA OFFERS TO REOPEN REMEDIAL DESIGN/REMEDIAL ACTION fRD/RA)
NEGOTIATIONS WITH PRPs AT WHITEHOUSE SITE IN JACKSnwvTT.T.R.
FLORIDA
IMPACT: On September 23, 1993, EPA reopened RD/RA
negotiations with the PRPs for the Whitehouse Superfund Site
in Jacksonville, Florida (the Site). EPA gave the PRPs the
opportunity to begin the RD/RA process by excavating the
contaminated waste pits at the Site. The excavation would
include off-site removal of non-contaminated debris found in
pits and consolidation of waste oil requiring treatment. A
meeting has been tentatively scheduled on October 18, 1993,
to begin negotiations.
BACKGROUND: The Site, which is approximately ten (10) miles
west of Jacksonville, Florida, was used by Allied
Petroleum Products, a waste oil re-refinery, for disposal of
acidic waste oil sludges. There are seven (7) pits at the
Site. EPA's remedial plan includes excavation of the pits,
separation of construction debris from contaminated soil and
steam cleaning prior to off site disposal, soil washing to
free contaminants from soils, bio-treatment of sludges, and
contaminated groundwater recovery. Although the PRP's
undertook the remedial investigation and feasibility study
(RI/FS), they refused to perform the RA, contending there
was no way to determine the volume of the contaminants, and
therefore the cost of cleanup. The PRPs were only willing
to perform the RD, a proposal unacceptable to EPA. As a
result of EPA's recent discussions, EPA has offered the PRPs
the opportunity to begin work on the cleanup, thereby
allowing them to assess the costs of the later phases of
cleanup without requiring them to agree'to undertake the
complete RD/RA at this time.
CONTACT: Kathy Wilde
CERCLA Branch, Florida Section
(404) 347-2641, extension 2273
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8. Other Significant Events: One
RD/RA SPECIAL NOTICE LETTER ISSUED AT REEVES SOUTTTKASTERN
SITE. TAMPA. FLORIDA
IMPACT; On September 30, 1993, Region IV issued a Special
Notice Letter under Section 122(e) of CERCLA to Reeves
Southeastern Corporation requesting Reeves to conduct the
RD/RA at the Reeves Southeastern NPL Site, and to reimburse
EPA for past costs.
BACKGROUND; Reeves Southeastern Corporation makes
galvanized steel products (wire fencing) at its two
facilities located east of Tampa, in Brandon, Florida.
Until approximately the early 1980's, the facilities used
percolation ponds to store and treat wastewater from their
production processes. Operations resulted in the
contamination of the soils, sediments and ground water at
the Site primarily with extremely high levels of zinc.
Reeves Southeastern Corporation performed the RI/FS under an
Administrative Consent Order. EPA has signed two Records of
Decision for the Site; Operable Unit One addresses the soils
and sediments, while Operable Unit Two addresses ground
water contamination. Reeves also signed an amendment to the
RI/FS Consent Order under which it agreed to conduct the
Remedial Design for Operable Unit One. Operable Unit One
requires that contaminated soils and sediments in and around
the ponds be excavated and then solidified on-site in the
excavated areas, and for the ponds to be capped. Operable
Unit Two will allow natural attenuation of contaminants in
ground water for 2 1/2 years. After 2 1/2 years, EPA will
determine if ground water contamination has dropped
sufficiently. If levels have not dropped to acceptable
levels, Reeves will have to implement the contingency remedy
of pump and treat until acceptable levels are reached.
Additionally, Operable Unit Two requires Reeves to install a
barrier to prevent contaminated ground water from
discharging into a nearby creek. The estimated cost of
Operable Unit One is $551,000; Operable Unit is estimated to
cost $150,000 for natural attenuation, and $2,500,000 if the
contingent remedy must be implemented. Additionally, EPA
will seek to recover $213,000 in past costs.
CONTACT: Robert Caplan
CERCLA Branch, Florida Section
(404) 347-2641 Extension 2239
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
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Weekly Update
FROM: John R. Barker
Regional Counsel
TO: Herbert H. Tate, Jr.
Assistant Administrator
1. 30-DAY ENFORCEMENT SENSITIVE FORECAST OF UPCOMING REGIONAL
HIGH-PRIORITY CASES. ISSUES. AND INITIATIVES;
NONE
2. RECENT DEVELOPMENTS IN ONGOING REGIONAL HIGH-PRIORITY CASES.
ISSUES. AND INITIATIVES
3. OTHER EVENTS. ISSUES. AND POLICY DEVELOPMENTS
NONE
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z
iiy
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: October 1, 1993
SUBJECT: " the Week of September 27, 1993
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week:
PRE-REFERRAL SENT TO HEADQUARTERS FOR ENVIRONMENTAL RESOURCES.
INC.. CLEAN AIR ACT VIOLATIONS
IMPACT: On September 30, 1993, the Region sent to the Office
of Enforcement and the Department of Justice a pre-referral
recommendation and a mini-litigation report in the case of
Environmental Resources, Inc. (ERI), for violations of the
National Emission Standards for Hazadous Air Pollutants
(NESHAP), a violation of the Clean Air Act. The pre-referral
package requests permission to negotiate a settlement with ERI
prior to filing a civil complaint with the District Court for
the Western District of Kentucky.
BACKGROUND: In April 1991, ERI, formerly doing business as
Toxic Removal Systems, Inc. (TRS), was hired by the Louisville
Water Company (LWC) to remove asbestos-containing pipe
insulation from three of the LWC buildings. Based upon
complaints by the LWC and an inspection by the Jefferson
County Air Pollution Control District, it was determined that
TRS had left dry asbestos material at the LWC sites, a
violation of the asbestos NESHAP regulations in 40 C.FR. Part
61, Subpart, promulgated under Section 112 of the Clean Air
Act. After the County was unable to resolve the matter with
TRS the lead was given to EPA. The Region is recommending a
$63,000 penalty for 21 consecutive days of asbestos NESHAP
violations.
FROM:
Branch Chief \
RCRA/Air Law Branch
TO
John R. Barker
Regional Counsel
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CONTACT: Alan Dion
RCRA/Air Branch
404/347-2335, ext. 2131
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
CSX CONSENT DECREE FILED WITH COURT FOR CLEAN WATER ACT
VIOLATIONS
IMPACT: On September 27, 1993, the U.S. Attorney for the
Middle District of Florida filed a consent decree executed by
EPA and by CSX Transportation, Inc. (CSX) for alleged
violations of the Clean Water Act at six railroad yards owned
by CSX in Florida and North Carolina. The consent decree
requires CSX to pay a $3,000,000 civil penalty, and to perform
four Supplemental Environmental Projects (SEPs) valued at over
$4,000,000. This is Region IV's largest CWA enforcement
settlement ever, and one of the largest CWA settlements in the
Agency's history.
BACKGROUND: The Region had filed a civil complaint against
CSX on April 10, 1992, alleging that discharges from the six
CSX railyards exceeded limits in their respective National
Pollutant Discharge Elimination System (NPDES) Permits for
these facilities. CSX remedied the violations at all six
yards, and agreed to the settle this matter for $3,000,000
cash and the SEPs. The four projects are: an NPDES
compliance audit at 21 active CSX yards in Region IV, a multi-
media risk assessment audit at 61 inactive CSX facilities
nationwide, an environmental awareness training program for
CSX managers throughout the corporation, and development of a
best management practices manual and seminar for storm water
runoff at rail road yards.
Notice of lodging of the consent decree was published in the
Federal Register on September 27, 1993, and the public will
have 30 days to comment before the decree is entered by the
court. CSX will have 30 days after entry of the decree to pay
the $3,000,000 penalty. CSX has already begun work on the
SEPs.
CONTACT: Alan E. Dion
RCRA/Air Branch
(404) 347-2335 x. 2131
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CROWN CORK & SEAL CONSENT DECREE FILED WITH NORTHERN DISTRICT
OF MISSISSIPPI FOR CLEAN AIR ACT VIOLATIONS
IMPACT: On September 30, 1993, the U.S. Attorney for the
Northern District of Mississippi filed an executed consent
decree in settlement of the Agency's pending enforcement
action against Crown Cork and Seal Company, Inc. (Crown) for
violations of the Clean Air Act. Under this decree Crown will
pay the government $343,000 for past violations of Prevention
of Significant Deterioration (PSD) and New Performance
Standards (NSPS) requirements under the Act. In addition,
Crown has agreed to perform three Supplemental Environmental
Projects (SEPs) valued at more than $2,000,000 after tax.
BACKGROUND: On or about June 1987, Crown commenced operations
of a new two-piece can coating facility in Batesville,
Mississippi, without first obtaining a PSD permit or testing
and reporting commencement pursuant to requirements under
NSPS, both violations of the Clean Air Act. EPA pre-referred
this matter for civil enforcement on May 10, 1989, and after
exploring and deciding against criminal action, returned the
matter for civil enforcement in 1991. The Region subsequently
reached an agreement with Crown on the $343,000 penalty, and
on the following SEPs: a new regenerative incinerator at the
Batesville plant to further reduce VOC emissions below legal
requirements; a pilot project at Crown's Cheraw, South
Carolina facility to test use of a bio-filter to control VOC
emissions; and a management environmental awareness training
program for Crown's corporate managers and for managers at all
Crown can coating facilities in the United States.
The decree will be lodged for 30 days to allow public comments
on the settlements. The $343,000 penalty will be due 30 days
after final entry of the decree. Crown has already commenced
work on some of the SEPs.
CONTACT: Alan Dion
RCRA/Air Branch
404/347-2335, ext. 2131
6. Litigation Settled by Negotiation: None
7. Significant Administrative Actions:
CAA COMPLAINT FILED AGAINST BROWN PRINTING COMPANY
IMPACT: An administrative complaint was filed against Brown
Printing Company on September 30, 1993, for violations of
Section 111(e) of the Clean Air Act (the Act) and its
implementing regulations. The complaint, issued pursuant to
Section 113(d) of the Act, includes the proposed assessment of
a civil penalty in the amount of $65,000.
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BACKGROUND: On March 11, 1993, EPA performed an inspection of
Brown Printing Company which is located in Franklin, Kentucky.
The Company, which operates a stationary source within the
meaning of Section 111(a)(3) of the Act, was found to be in
violation of 40 C.F.R. Section 60.48c. Specifically,
Respondent failed to: 1) record and maintain complete records
of the amount of fuel combusted each day; 2) submit quarterly
report; and 3) perform the initial performance test for an
affected facility.
CONTACT; Zylpha K. Pryor
Associate Regional Counsel
(404) 347-2334 ext. 2125
SETTLEMENT OF RCRA SECTION 3008(a^ COMPLAINT FILED IN 1993
ILLEGAL OPERATOR INITIATIVE AGAINST GENERAL ELECTRIC COMPANY'S
KENTUCKY GLASS PLANT. LEXINGTON. KENTUCKY
IMPACT; By a Consent Agreement and Consent Order entered on
September 27, 1993, General Electric Company (GE) agreed to
pay a civil penalty of $83,000.00 to EPA in settlement of an
administrative action filed by Region IV under Section 3008(a)
of RCRA as part of the July 1993 Illegal Operator Initiative.
BACKGROUND: At its Kentucky Glass Plant, GE operates a
facility that manufactures incandescent light bulbs. During
the manufacturing process, raw materials are placed in a
furnace to produce molten glass. Some of the bricks in the
furnace contain chromium oxide. In 1987, GE installed an
electrostatic precipitator on the furnace stacks to collect
particulate matter (EP dust) generated in the furnace. During
inspections performed in December, 1992, the Commonwealth of
Kentucky learned that GE had not been making hazardous waste
determinations on the EP dust. The Region performed
inspections in February and March, 1993, and determined that
the EP dust was a characteristic hazardous waste for chromium.
On July 15, 1993, as part of the Illegal Operator Initiative,
the Region filed a RCRA Complaint and Compliance Order against
GE. The Complaint contained one count, failure of a generator
to make a hazardous waste determination under 40 C.F.R.
268.7(a). Following an informal conference, GE agreed to pay
a civil penalty of $83,000.00 to EPA, in settlement of the
action. GE is now appropriately disposing of the EP dust.
CONTACT: Michiko Kono
CERCLA Branch
(404) 347-2641, ext. 2289
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EPA AND DSM NORTH AMERICA. INC.. ENTER INTO CONSENT AGREEMENT
AND CONSENT ORDER SETTLING RCRA S 3008(A^ MATTER FILED IN 1992
REGION IV BIF INITIATIVE
IMPACT: DSM Chemicals, North America, Inc., located in
Augusta, Georgia, has agreed to pay $121,750 in civil
penalties to resolve violations of RCRA and its implementing
regulations, including the regulations governing Boilers and
Industrial Furnaces (BIFs).
BACKGROUND: DSM operates a chemical manufacturing facility
that produces caprolactum, a monomer used in the production of
Nylon 66. In the caprolactum manufacturing process, DSM
generates hazardous wastes which it burns in two on-site
boilers. On August 31, 1992, EPA issued a Complaint and
Compliance Order against DSM alleging violations of, among
other things, the requirements of the RCRA BIF Rule, which are
found at 40 C.F.R. Part 266, Subpart H. The Complaint was
filed as part of the "1992 Region IV BIF Initiative." The
Consent Agreement and Compliance Order (CACO) requires DSM to
pay a civil penalty of $121,750 within 15 days of the CACO's
effective date, and to demonstrate compliance with the BIF
Rule within 45 days of the effective date.
CONTACT: Wayne Lee
CERCLA Branch
(404) 347-2641, ext. 2234
RCRA COMPLAINT ISSUED TO KENTUCKY SOLITE CORPORATION. BROOKS.
KENTUCKY. AS PART OF THE NATIONAL COMBUSTION INITIATIVE
IMPACT: On September 27, 1993, Region IV issued an
administrative Complaint against Respondent, Kentucky Solite
Corporation as part of the National Combustion Initiative.
The Complaint alleged four violations of the Resource
Conservation and Recovery Act (RCRA) and assessed a penalty of
$485,350.
BACKGROUND: Kentucky Solite Corporation operates a facility
in Brooks, Kentucky, which mines and processes a mixture of
clay, slate, shale, sand, dust, admixtures and other materials
to produce a lightweight aggregate (solite), a building
material that is used in concrete, and for other purposes. In
August, 1990, EPA and the Kentucky Department for
Environmental Protection (KDEP) performed a routine compliance
evaluation inspection at the facility. During the inspection,
EPA determined that the company was in violation of certain
regulations found in 40 C.F.R. Part 266, Subpart H (referred
to as the BIF Rule). These requirements are standards
applicable to owners and operators of facilities which burn,
for purposes of energy recovery, any fuel produced from
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6
hazardous waste or any fuel which otherwise contains a
hazardous waste.
EPA alleged that Kentucky Solite failed to comply with a
number of appropriate RCRA requirements. Specifically,
Kentucky Solite failed to perform, for three consecutive
months, leak detection monitoring on its equipment that
contains or contacts hazardous waste; submit a complete
accurate "Certification of Compliance" on or before August 21,
1992; make a hazardous waste determination for the lightweight
aggregate kiln baghouse dust; and continuously monitor and
record hydrocarbon levels while burning hazardous waste.
CONTACT: Marlene J. Tucker
CERCLA Branch
(404) 347-2641 X2242
RCRA COMPLAINT ISSUED TO HOLNAM. INC.. HOLLY HILL. SOUTH
CAROLINA. AS PART OF THE NATIONAL COMBUSTION INITIATIVE.
IMPACT: On September 27, 1993, EPA filed a Complaint against
Holnam, Inc., as part of the National Combustion Initiative,
seeking $838,850 in penalties for violation of the BIF
regulations.
BACKGROUND: Holnam, Inc. (Holnam), operates a facility in
Holly Hill, South Carolina, which manufactures wet process
Portland and Masonry cement. Holnam is currently permitted
under RCRA as a hazardous waste storage facility, but has
applied for a permit modification to add two newly regulated
treatment units to its RCRA permit. The two units for which
Holnam seeks a permit modification became newly regulated as a
result of the promulgation of the Boiler and Industrial
Furnace (BIF) regulations under 40 C.F.R. Part 266, Subpart H.
The two units, both cement kilns, burn hazardous waste, as
fuel in the manufacture of cement. Region IV conducted
inspections at the facility on July 14-16, 1992, and August
11-12, 1993, to determine Holnam's compliance with the BIF
regulations. As a result of the inspections, EPA alleges that
Holnam failed to comply with a number of RCRA requirements,
including provisions of the BIF regulations.
CONTACT; Catherine Winokur
RCRA/Air Branch
404/347-2335 ext. 2159
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RCRA COMPLAINT ISSUED TO MALLINCKRODT SPECIALITY CHEMICALS
COMPANY. RALEIGH. NORTH CAROLINA. AS PART OF THE NATIONAL
COMBUSTION INITIATIVE.
IMPACT: EPA filed a Complaint and Compliance Order
(Complaint) against Mallinckrodt Speciality Chemicals Company
(Mallinckrodt) on September 27, 1993, as part of the National
Combustion Initiative. The Complaint assesses a penalty of
$329,500 and orders Mallinckrodt to correct the violations
cited in the Complaint or cease burning hazardous waste.
BACKGROUND: Mallinckrodt operates a facility in Raleigh,
North Carolina which manufactures para-amino phenol, a
precursor to acetaminophen, and is the largest manufacture of
this product in the world. In the course of its operations,
the facility burns hazardous waste in an on-site steam boiler.
The boiler became subject to RCRA on August 21, 1991, when
Mallinckrodt achieved interim status to operate the boiler
pursuant to the Boiler and Industrial Furnace (BIF)
regulations. On February 9-11, 1993, EPA conducted a
compliance evaluation at the facility to determine if the
facility was in compliance with all applicable RCRA
requirements, including the BIF regulations. The results of
that inspection serve as the basis for the Complaint in which
EPA alleges that Mallinckrodt failed to comply with a number
of applicable BIF regulations.
CONTACT: Craig Higgason
Water Branch
404/347-2309 ext. 2915
RCRA NOTICE OF VIOLATION AND PENALTY DEMAND ISSUED TO LAIDLAW
ENVIRONMENTAL SERVICES fTOC^. INC.. ROEBUCK. SOUTH CAROLINA.
AS PART OF THE NATIONAL COMBUSTION INITIATIVE.
IMPACT: On September 27, 1993, EPA issued to Laidlaw
Environmental Services (TOC), Inc. ("TOC"), Roebuck, South
Carolina a Notice of Violation and Penalty Demand (NOV)
seeking a payment of $61,500 from TOC. The NOV was issued as
part of the National Combustion Initiative.
BACKGROUND; TOC operates a hazardous waste incinerator
facility in Roebuck, South Carolina. As a result of a permit
appeal, TOC is operating the incinerator unit under an Order
issued on September 4, 1990, by the United States Court of
Appeals for the Fourth Circuit. The Order specifies operating
conditions for the facility, reporting requirements and a
procedure for the payment of penalties in the event that TOC
fails to comply with the operating conditions. Based upon
reports submitted by TOC on November 24, 1992, February 17,
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8
1993, June 15, 1993 and July 14, 1993, EPA has determined that
TOC is in violation of certain operating conditions contained
in the Order. Using the procedure set out in the order, EPA
has issued the NOV seeking the payment of the $61,500 penalty.
CONTACT: Michael Newton
RCRA/Air Branch
404/347-2641 ext. 2276
8. Other Significant Events: None
9. Early Warning Items: None
10. Travel: None
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1
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE
SUBJECT: Weekly Report for the Week of 9/27/93 - 10/1/93
FROM: Rowland Heyward, Chief
Water Branch
TO:
John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected Litigation Referrals: 1
2. Cases Referred to DOJ this week: 7
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: 1
5. Significant Court Developments: None
6. Litigation Settled by Negotiation:
Agreement Reached in Kentucky Wetlands Case Involving
Eastern Resources, Inc.
Impact: EPA and Eastern Resources, Inc., (Eastern) have
reached tentative agreement on the terms of a Proposed
Consent Agreement and Final Order in the above-referenced
matter. The agreement calls for Eastern to mitigate and
restore a site upon which mining has occurred, consistent
with the terms of the current state Surface Mining
Reclamation Plan. It also calls for Eastern to acquire
another site and to restore wetlands and to preserve
existing wetlands on that second site.
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Background: Eastern challenged an Administrative Order,
issued by EPA in this matter under Section 309(a) of the
Clean Water Act. The complex litigation also involves a
takings claim filed by the lessors of land, a claim in which
the Plaintiff joined.
Upon execution of the Order by the parties, Eastern will
move to dismiss all of its claims against the United States
in the matters of Eastern Resources. Inc. v. Thomas Mercer
et al v. United States Army Corps of Engineers and Kentucky
Department for Environmental Protection (United States
District Court - Western District of Kentucky) and Thomas
Mercer et al and Eastern Resources. Inc. v. United States
(United States Court of Claims).
Agency Contact: Craig Higgason
Water Branch
347-2309 ext. 2915
7. Significant Administrative Actions: None
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences:
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f ! 5
:: 1 - 1993
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE:
October 12, 1993
SUBJECT: Weekly Report for the Week of 10/04/93-10/08/93
FROM:
John R. Barker<^
Regional Counsel
THRU: Patrick M. Tobin
Acting Regional Administrator, Region IV
TO:
Steven A. Herman
Assistant Administrator for Enforcement (2211)
ATTN:
Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: Not Determined
2. Cases Referred to DOJ this week:
PRE-REFERRAL SENT TO HEADQUARTERS FOR VIOLATIONS OF CLEAN
AIR ACT ASBESTOS NESHAP BY PRYOR BACON COMPANY. ET AL.
IMPACT: On September 30, 1993, the Region sent a pre-
referral recommendation and mini-litigation report to the
Office of Enforcement and the Department of Justice
concerning violations of the Clean Air Act's National
Emission Standards for Hazardous Air Pollutants (NESHAP) by
the Pryor Bacon Company, Papa Properties, Ltd., and
Rivermont Plumbing. The pre-referral package requests
permission to negotiate a settlement with the Defendants
prior to filing a civil complaint with the District Court
for the Eastern District of Tennessee.
BACKGROUND: In August 1989, the Pryor Bacon Company hired
Rivermont Plumbing to renovate the plumbing at the Stuart
Manor Apartments, an apartment complex owned by Pryor Bacon
in Chattanooga, Tennessee. The project involved the removal
of old pipes that were covered with an asbestos-containing
pipe insulation. Based upon a tenant complaint and an
investigation by the local air regulatory agency, it was
determined that (1) no notification of the renovation
project was given to the air regulatory agency, (2) the
asbestos insulation was not removed from the pipes before
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the renovation project began, (3) the asbestos insulation
was not properly wetted when it was stripped off of the
pipes, (4) the stripped asbestos insulation was not kept wet
or properly prepared for disposal, and (5) the stripped
asbestos insulation was not properly disposed of for a
period of almost two years, and was left in an area where
tenants could come into direct contact with airborne
asbestos fibers. The Region is recommending a $1,565,000
civil penalty for these asbestos NESHAP violations.
CONTACT; Keith Holman
RCRA/Air Branch
(404) 347-2335, Ext. 2129
PRE-REFERRAL SENT TO HEADQUARTERS FOR NEGOTIATION OF
SETTLEMENT OF CLEAN AIR ACT fACTl VIOLATIONS BY WTT.T.AMWTTE
INDUSTRIES. INC.
IMPACT; On September 29, 1993, Region IV sent a pre-
referral package to Headquarters requesting its concurrence
for the Region to negotiate a settlement of Clean Air Act
(Act) violations by Willamette Industries, Inc.,
(Willamette). The Region requested authority to negotiate a
settlement with Willamette prior to filing a civil action
against Willamette under Section 113(b) of the Act, 42
U.S.C. § 7413(b). Approval is sought for a minimum
settlement of $605,388 and appropriate injunctive relief.
BACKGROUND; Willamette operates a wood waste boiler as part
of its kraft pulp mill in Marlboro County, South Carolina.
The boiler supplies the mill's steam needs. From 1991 to
1993, the boiler's particulate emissions exceeded the
permitted limit set pursuant to the Prevention of
Significant Deterioration standards of South Carolina's
State Implementation Plan. This limit was established using
the Best Available Control Technology for the boiler. For
three, periods of time from 1991 to the present, the
emissions also exceeded the limit under New Source
Performance Standards (NSPS) for particulates, 40 C.F.R.
Part 60, Subpart Db. The NSPS violations are considered on-
going.
CONTACT: David K. Savage
RCRA/Air Branch
(404) 347-2335, Ext. 2135
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REGION IV REFERS NPDES CASE AGAINST SOUTHDOWN. INC.. (a/k/a
FLORIDA MINING AND MATERIALS CONCRETE COMPANY). TALLAHASSEE.
FLORIDA
IMPACT: This civil judicial action under Section 309 of the
Clean Water Act (CWA) against Southdown, Inc., was referred
to DOJ on September 30, 1993. Copies of the package also
were routed to Headquarters (OE and OWEC offices) for
review.
BACKGROUND; Florida Mining & Materials Concrete Corporation
(FM&M) was a ready-mix concrete producer located at 900 West
Madison Street, Tallahassee, Florida. On April 29, 1991,
FM&M merged with Southdown Inc; Southdown continued business
at the site d/b/a FM&M. The operations at this site
involved the addition of sand, gravel, cement, and water to
ready-mix concrete trucks to be hauled to construction
sites. As part of its operation, Southdown operated an
industrial wastewater treatment plant for its concrete
plant. The wastewater treatment system was operated under
an EPA issued National Pollutant Discharge Elimination
System (NPDES) Permit issued on May 31, 1990.
Southdown repeatedly violated the permitted effluent
limitations of its NPDES permit from the July 1990 effective
date through January 1993. In addition, evidence of
environmental harm was documented in a February 1992 Florida
Department of Environmental Protection inspection. The
combined maximum statutory civil penalty has been initially
calculated at $10,225,000.
CONTACT: Kevin B. Smith
Water Branch
(404) 347-2309, Ext. 2904
REGION IV REFERS SDWA CASE AGAINST CITY OF MARIANNA. FLORIDA
IMPACT: The City of Marianna, Florida, owns and operates
two public water systems, the City of Marianna water system
and Sunland Utilities water system. Each of these water
systems is subject to the provisions of the Safe Drinking
Water Act, 42 U.S.C.A. § 300f et seq., and the implementing
regulations found at 40 CFR part 141.
The City of Marianna failed to establish and maintain such
records, make such reports, conduct such monitoring, and
provide such information as required by Section 300j-4(a) of
the Act and the implementing regulations. The City of
Marianna also failed to give notice to the persons served by
each of the water systems of their failure to perform
monitoring as required by Section 300g-3(c) of the Act and
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the implementing regulations. Under the PWSS program Penalty
Policy the bottom-line settlement authorized for these
violations is $28,543.73
BACKGROUND: The City of Marianna had been notified by the
Florida Department Environmental Protection of the mandatory
requirements of the regulations at least four months prior
to their effective date. The City of Marianna failed to
implement a program for the control of lead and copper in
the public drinking water system and has effectively delayed
the monitoring requirements for one year.
The purpose of this action is to protect the quality of the
drinking water for the regulated public water systems. The
regulations under 40 CFR Part 141, Subpart I establish
drinking water quality standards, and sets forth duties for
owners and operators of public water systems. When
monitoring for lead and copper contaminants is not performed
by a public water system, there is no way to determine if
there is a potential for the presence of lead and/or copper.
Consequently, harm to human health could be occurring but no
one would have a basis for knowing it or suspecting a
problem.
CONTACT: William T. Jones
Water Branch
(404) 347-2309, Ext. 2907
REGION IV REFERS NPDES CASE AGAINST HILLSBOROUGH COUNTY.
FLORIDA
IMPACT: Hillsborough County, Florida, (County) owns and
operates a wastewater treatment plant known as the South
County Wastewater Treatment Plant which has a "no-discharge"
NPDES permit that prohibits surface discharges except on
occasions when the accumulated rainfall exceeds the 10-year
average.
Since 1989, the County has discharged SCWWTP effluent
through an outfall to waters of the United States on 35
different days. None of these were authorized because none
of these occurred during a 10-year rainfall event. In
addition, in October 1992, a leak in a force main resulted
in the unpermitted discharge of raw sewage into waters of
the United States.
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The Region seeks an injunction to require construction of
additional effluent storage capacity that will prevent these
unpermitted discharges in the future. The Region also seeks
penalties for past violations. Under the Penalty Policy the
bottom-line settlement authorized for these violations is
$292,000.
BACKGROUND: Hillsborough County has a large, sophisticated
urban government that is centered around the City of Tampa.
It has both the expertise and the financial resources to
have prevented the cited violations, but chose to assume the
risk that weather patterns would not cause the back-up of
treated effluent that actually occurred. Also, the County
has entered into two prior Consent Decrees with the Region
for NPDES permit violations at other facilities and is not
unaware of its responsibilities. Therefore, a substantial
penalty is warranted. Accordingly, a civil action has been
deemed essential.
CONTACT: David S. Engle
Water Branch
(404) 347-2309 Ext. 2903
REGION REFERS UIC ACTION FOR VIOLATIONS OF SAFE DRINKING
WATER ACT AGAINST WESTERN CRUDE RESERVES, INC.. et al.
IMPACT: On September 30, 1993, Region IV forwarded a direct
Safe Drinking Water Act (SDWA) civil referral against
Western Crude Reserves, Inc. (WCR), Reserve Energy, Ltd.,
(RE), Appalachian Energy Company, Inc. (AE), George &
Barbara Craft and Carl Ludwig, d/b/a Domestic Energy, Inc.,
(DE), Kish Resources, PLC., (Kish), and Gemco Oil
Development, Inc. (Gemco), to the United States Department
of Justice for initiation of a civil enforcement action.
The referral alleges that WCR, RE, AE, DE, Kish, and Gemco
(Defendants) have violated the SDWA and the Underground
Injection Control (UIC) regulations.
BACKGROUND: Defendants have owned or operated, or currently
own or operate, 113 Class II (oil and gas related) enhanced
recovery injection wells in Kentucky. Specifically, WCR and
Gemco have been or are the operators of certain of these
wells since January 1987; and RE, AE, the Crafts and
Carl Ludwig, d/b/a DE, and Kish have been or presently are
the owners of certain of the leases upon which the wells are
located. Since 1988, Defendants have been in violation of
numerous UIC regulations. Specifically, the Defendants have
failed to case and cement, provide plugging and abandonment
plans for, maintain financial responsibility for, conduct
monitoring of, and provide annual reports of the injection
activities.
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EPA has, on numerous occasions, attempted to reach agreement
on an Administrative Order on Consent to address these
violations. However, EPA does not believe settlement with
any Defendant is likely.
EPA proposes to obtain appropriate civil penalties, full
compliance with the UIC regulations, and an injunction to
prohibit any injection activities until judgment is reached
and full compliance with all UIC regulations is obtained.
Maximum statutory penalties exceed billions of dollars.
CONTACT: Joan Redleaf
RCRA/Air Branch
(404) 347-2335
REGION REFERS UIC ACTION TO ENFORCE ADMINISTRATIVE ORDER
AGAINST JAF OIL COMPANY. INC.. AND ITS PRESIDENT
IMPACT: On September 30, 1993, Region IV forwarded a direct
Safe Drinking Water Act (SDWA) referral against JAF Oil
Company, Inc. (JAF) and Peter E. Jolly (Jolly) to the United
States Department of Justice for initiation of a civil
enforcement action. The referral alleges that JAF and Jolly
have violated the SDWA and the terms of an administrative
order (AO) issued to JAF pursuant to the SDWA. The proposed
civil action seeks to obtain compliance and penalties from
JAF and from its president and principal owner, Jolly.
BACKGROUND; JAF is an independent oil producer based in
California but doing business in Kentucky. The company owns
and operates 89 injection wells in Kentucky, which inject
brine for the enhanced recovery of oil. The subject AO,
effective February 8, 1992, was issued due to multiple
violations of UIC regulations at these wells. To date, JAF
has not complied with any terms of the AO. Specifically,
JAF and Jolly failed to provide financial responsibility,
properly test for mechanical integrity, file required
reports, monitoring certain wells, and provide EPA with the
fracture pressure data.
The action proposes pursuing the president of the
corporation, individually, as well as the corporation.
Jolly, as president, was responsible for all actions and
operations of the corporation, and therefore should be
pursued as a responsible corporate officer. The Region also
proposes piercing the corporate veil, both as a sham
corporation and because of fraud on the agency in the form
of intentional misrepresentations made by Jolly regarding
the financial status of the company.
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EPA proposes to obtain appropriate civil penalties, full
compliance with the UIC regulations, and an injunction to
prohibit any injection activities until judgment is reached
and full compliance with all UIC regulations is obtained.
CONTACT: Melissa Allen Heath
CERCLA Branch
(404) 347-2641. ext. 2267
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
EPA FILES CERTIFIED INDEX TO ADMINISTRATIVE RECORD IN AKZO
CHEMICALS. INC. V. EPA
IMPACT: On October 7, 1993, EPA Region IV filed its
Certified Consolidated Index of Documents Comprising the
Administrative Record for the Decision to Conduct the
Initial Phase Remedial Investigation of a Portion of the
Mobile/Tombigbee River System in the Court of Appeals for
the District of Columbia.
BACKGROUND; On May 25, 1993, EPA issued CERCLA Section
122(a) Notice Letters to the PRPs for four NPL Sites located
along the Tombigbee and Mobile Rivers in south Alabama. The
notice informed the PRPs of Region IV's decision to conduct
an Initial Phase Remedial Investigation on a 38 mile segment
of the Tombigbee/Mobile River System and of Region IV's
decision to establish the river segment as an operable unit
for each of the following Sites: Olin Corporation (Mcintosh
Plant), Ciba-Geigy Corporation (Mcintosh Plant), Stauffer
Chemical Cold Creek, and Stauffer Chemical LeMoyne. On
August 20, 1993, Akzo Chemicals, Inc., Ciba-Geigy
Corporation, Olin Corporation, and Zeneca, Inc., filed a
petition for review of EPA's decision to revise the
boundaries of the four NPL Sites by designating this portion
of the river system as an operable unit for the Sites. The
petition was filed in the Court of Appeals for the District
of Columbia Circuit. Dispositive motions will be filed in
November.
CONTACT: Andrew J. Harrison, Jr.
CERCLA Branch
(404) 347-2641, Ext. 2264
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6. Litigation Settled by Negotiations:
BFGOODRICH PAYS PENALTY IN CLEAN AIR ACT CASE
IMPACT; On September 30, 1993, the BFGoodrich Company paid
a $215,000 penalty in settlement of an action EPA commenced
against BFGoodrich for violations of the National Emissions
Standards for Hazardous Air Pollutants (NESHAP) under the
Clean Air Act for vinyl chloride and mercury.
BACKGROUND: The Region initiated a pre-referral action in
1990 against the BFGoodrich Company for vinyl chloride
NESHAP violations at its Calvert City plant, and in 1992
added several violations of mercury NESHAP violations at the
BFGoodrich chlor-alkali facility also in Calvert City. The
Region added these violations to the settlement conditions,
and BFGoodrich agreed to a total penalty of $215,000
($15,000 added to the $200,000 fine for vinyl chloride
NESHAP violations). In addition, BFGoodrich agreed to
implement recommendations made by an outside environmental
consultant, and to construct a new fume scrubber to reduce
mercury emissions at the chlor-alkali facility to levels
more stringent than NESHAP requirements. The Complaint and
Consent Decree in this matter were filed on September 7,
1993, and the Consent Decree was entered by the court on
September 17, 1993. This is believed to be EPA's first
resolution of a mercury NESHAP violation.
CONTACT; Alan Dion
RCRA/Air Branch
404/257-2335, Ext. 2131
7. Significant Administrative Actions:
CERCLA 106 UAOs FOR RD/RA ISSUED TO 5 PRPs AT
T H AGRICULTURE AND NUTRITION CO. SITE. ALBANY. GEORGIA
IMPACT: On October 6, 1993, EPA Region IV issued UAOs to 5
PRPs at the T H Agriculture and Nutrition Co. Superfund Site
(the Site), located in Albany, Georgia, ordering the PRPs to
conduct the Remedial Design/Remedial Action (RD/RA) at the
Site.
BACKGROUND: Special Notice letters were issued to 7 PRPs at
the Site on May 30, 1993, commencing RD/RA negotiations;
however, no PRPs made a good faith offer to conduct the
RD/RA within the moratorium period. Accordingly, EPA
issued UAOs to 5 PRPs based on the national model UAO. The
Region added participate and cooperate language to the UAOs
so that when one PRP agrees to do the work, the remainder of
the PRPs will still be obligated to make a good faith offer
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proposing a level of participation to the performing PRP.
T H Agriculture & Nutrition Co. Inc., has already indicated
that it is willing to do the work under a UAO.
Two PRPs who were issued special notice are not being named
in the UAO's. EPA is issuing 104e Information Requests to
those PRPs to develop parent liability cases.
CONTACT: Paul Schwartz
CERCLA Branch
(404) 347-2641, Ext. 2282
COMPLAINT FILED AGAINST OMEGA CHEMICALS AS PART OF A
NATIONAL TOXICS ENFORCEMENT INITIATIVE
IMPACT: On September 30, 1993, a complaint was filed
against Omega Chemicals, Inc., located in Spartanburg, South
Carolina, for violations of TSCA. This enforcement action,
which is part of a national toxics enforcement initiative,
includes the proposed assessment of a penalty in the amount
of $90,000.
BACKGROUND: Section 5(a)(1) of TSCA provides that no person
may manufacture a chemical substance which does not appear
on the TSCA Chemical Substance Inventory without first
submitting a premanufacture notification form (PMN) at least
90 days before manufacturing such substance. Omega
Chemicals violated that section of TSCA by failing to submit
a notice to the Administrator of its intention to
manufacture a new chemical substance before commencing the
manufacture of that chemical.
CONTACT: Zylpha Pryor
RCRA/Air Branch
(404) 347-2335, Ext. 2125
EPA AND 3V. INC.. SETTLE RCRA S 3008tAl ACTION. FILED IN
1992 BOILER AND INDUSTRIAL FURNACE INITIATIVE. FOR
VIOLATIONS AT FACILITY IN GEORGETOWN. SOUTH CAROLINA
IMPACT: 3V, Inc. has agreed to pay $57,500 in civil
penalties and spend at least $960,000 towards a Supplemental
Environmental Project to resolve violations of RCRA
regulations at its Georgetown, South Carolina facility,
alleged in a Complaint and Compliance Order filed as part of
the Region IV Boiler and Industrial Furnace (BIF) Initiative
on August 31, 1992. The Consent Order also includes
provisions for the company to submit the necessary documents
to establish that it is operating in compliance with the BIF
Rule.
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BACKGROUND; On August 31, 1992, EPA issued a Complaint and
Compliance Order against 3V, Inc., alleging violations of
RCRA and its regulations, including the BIF rule. The
Complaint was filed as part of the BIF Initiative and
addressed violations related to the operation of a boiler
unit at the Georgetown, South Carolina, facility without a
permit and in non-compliance with the BIF Rule. The
Complaint originally proposed a civil penalty of $1,701,804,
which was subsequently recalculated based on information
submitted by 3V, the application of adjustment factors, and
the Region's analysis of the impact of the Paperwork
Reduction Act. Through numerous submissions regarding a
Supplemental Environmental Project (SEP) proposal, 3V
demonstrated that the construction of a closed loop non-
contact cooling water system would produce significant
environmental benefits. The Region agreed to a settlement
requiring payment of a cash component penalty of $57,500 and
expenditure of over $960,000 towards the SEP. In addition,
the settlement included provisions for the submission to the
Region of the documents necessary under the BIF Rule to
authorize the facility to again begin burning hazardous
waste in the boiler unit.
CONTACT; Peter Raack
CERCLA Branch
(404) 347-2641, Ext. 2234
EPA AND ICI ACRYLICS. INC.. SETTLE RCRA S 3008(A) ACTION.
FILED IN 1992 BOILER AND INDUSTRIAL FURNACE INITIATIVE. FOR
VIOLATIONS AT FACILITY IN OLIVE BRANCH. MISSISSIPPI
IMPACT: ICI Acrylics, Inc., has agreed to pay $104,000 in
civil penalties to resolve violations of RCRA regulations at
its Olive Branch, Mississippi, facility, alleged in a
Complaint and Compliance Order filed as part of the Region
IV Boiler and Industrial Furnace (BIF) Initiative on
August 31, 1992.
BACKGROUND: On August 31, 1992, EPA issued a Complaint and
Compliance Order against ICI Acrylics, Inc., alleging
violations of RCRA and its regulations, including the BIF
rule. The Complaint was filed as part of the Region IV BIF
Initiative and addressed violations related to the operation
of a boiler unit at the Olive Branch, Mississippi, facility.
The Complaint originally proposed a civil penalty of
$382,000, which was subsequently recalculated based on
information submitted by ICI and based on the Region's
analysis of the impact of the Paperwork Reduction Act. The
Region agreed to a settlement requiring payment of a civil
penalty of $104,000. In addition, the settlement included
provisions for the submission of a certification stating
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that the company has ceased the burning of hazardous waste
in the boiler unit and that the company intends to close the
unit pursuant to the RCRA closure requirements.
CONTACT; Peter Raack
CERCLA Branch
(404) 347-2641, Ext. 2234
EPA AND LAFARGE CORPORATION SETTLE RCRA S 3008(A) ACTION.
FILED IN 1992 BOILER AND INDUSTRIAL FURNACE INITIATIVE. FOR
VIOLATIONS AT FACILITY IN DEMOPOLIS. ALABAMA
IMPACT: On August 31, 1992, EPA issued an Administrative
Complaint and Compliance Order (Order) against Lafarge as
part of the "1992 Region IV Boiler and Industrial Furnace
(BIF) Initiative." On September 28, 1993, a Consent
Agreement and Final Order (CAFO) was finalized and filed
with the hearing clerk. The CAFO requires Lafarge of pay a
penalty in the amount of $594,000 and to certify closure of
its cement kiln dust waste pile pursuant to Alabama
Department of Environmental Management (ADEM) regulations.
BACKGROUND; Lafarge (which was recently sold to Medusa
Corporation) operated a cement manufacturing kiln at a
facility located in Demopolis, Alabama. The facility became
subject to regulation under RCRA and the BIF regulations
published in 40 C.F.R. Part 266. The Order issued against
Lefarge was a result of a joint RCRA Compliance Evaluation
Inspection and ADEM inspection conducted on February 12 and
13, 1992.
CONTACT: Frank S. Ney
RCRA/AIR Branch
(404) 347-2335, Ext. 2157
REGION OBTAINS FAVORABLE DECISION IN NPDES EVIDENTIARY
HEARING
IMPACT: On August 3, 1993, Administrative Law Judge,
Jon G. Lotis, issued an Order granting EPA's motion for
partial summary determination of this evidentiary hearing
proceeding. On September 30, 1993, Judge Lotis terminated
the proceedings based upon the parties resolution of the
sole remaining issue.
BACKGROUND: On August 6, 1991, the Regional Administrator
granted the City of Punta Gorda Florida's request for an
evidentiary hearing on certain provisions of their National
Pollution Discharge Elimination System (NPDES) permit. The
most significant provision contested by the City required
that they comply with Advanced Wastewater Treatment
standards established in FLA. STAT. ch. 403.086 (1987), the
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Grizzle-Figg Amendments. In their request for an
evidentiary hearing, the City challenged the EPA's inclusion
of these requirements in their NPDES permit based upon a
factual issue regarding the jurisdiction of the Amendments.
The same jurisdictional challenge had been raised
previously, by the permittee, with the Florida Department of
Environmental Regulation and dismissed.
After efforts to settle with the City proved unsuccessful,
Region IV moved that the matter be dismissed arguing that
the City's challenge was a matter of state law which should
properly be determined before a state agency or state court,
and that the agency is obligated to include more stringent
state limitations established pursuant to state law or
regulations. In a four page opinion, the court agreed with
the Region's arguments and granted the Agency's motion.
CONTACT: Carlton Waterhouse
CERCLA Branch
(404) 347-2641, Ext. 2281
JEFFERSON SMPKFIT CORPORATION AND AMERICAN CYANAMID COMPANY
NPDES EVIDENTIARY HEARING REQUEST DENIED
IMPACT: The Environmental Appeals Board decision upholding
the Regional Administrator's denial of NPDES permittees'
requests for evidentiary hearings was issued on
September 27, 1993.
BACKGROUND: Two Florida dischargers American Cyanamid
Company and Jefferson Smurfit Corporation challenge the
effluent toxicity limitations and biological testing
requirements included in their NPDES permits by EPA Region
IV. The conditions were imposed to insure compliance with
the State of Florida's whole effluent toxicity criterion for
mixing zones, Fla. Admin. Code rule 17-4.244(3)(a), which
states that "the maximum concentration of wastes in the
mixing zone shall not exceed the amount lethal to 50% of the
test organisms (96-hr. LC50) for a species significant to
the indigenous aquatic community."
Permittees contended that the required testing does not
always yield accurate, reliable results, therefore Region IV
erred when it adopted permit language stating that any
single failed toxicity test shall constitute an enforceable
violation of the permit. The Regional Administrator denied
the requests pursuant to §124.75(a) based upon the
permittees' failure to raise issues of material fact. Upon
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review of the Regional Administrator's decisions the Appeals
Board upheld the Regions earlier determination concluding
that the contested permit provisions were wholly consistent
with the plain language of rule 17-4.244(3)(a), which the
Region is bound to implement in its NPDES permits.
CONTACT; William T. Jones
Water Branch
404/347-2309, Ext. 2907
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE:
October 12, 1993
SUBJECT: Weekly Report for the Week of 10/04/93 - 10/08/93
1. Projected Litigation Referrals for the 1st Quarter: Six
2. Cases Referred to DOJ This Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: One
EPA FILES CERTIFIED INDEX TO ADMINISTRATIVE RECORD IN AKZO
CHEMICALS. INC. V. EPA
IMPACT; On October 7, 1993, EPA Region IV filed its
Certified Consolidated Index of Documents Comprising the
Administrative Record for the Decision to Conduct the
Initial Phase Remedial Investigation of a Portion of the
Mobile/Tombigbee River System in the Court of Appeals for
the District of Columbia.
BACKGROUND: On May 25, 1993, EPA issued CERCLA Section
122(a) Notice Letters to the PRPs for four NPL Sites located
along the Tombigbee and Mobile Rivers in south Alabama. The
notice informed the PRPs of Region IV's decision to conduct
an Initial Phase Remedial Investigation on a 38 mile segment
of the Tombigbee/Mobile River System and of Region IV's
decision to establish the river segment as an operable unit
FROM
Phyllis P. Harris, Chief
CERCLA Branch
TO
John R. Barker
Regional Counsel
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for each of the following Sites: Olin Corporation (Mcintosh
Plant), Ciba-Geigy Corporation (Mcintosh Plant), Stauffer
Chemical Cold Creek, and Stauffer Chemical LeMoyne. On
August 20, 1993, Akzo Chemicals, Inc., Ciba-Geigy
Corporation, Olin Corporation, and Zeneca, Inc., filed a
petition for review of EPA's decision to revise the
boundaries of the four NPL Sites by designating this portion
of the river system as an operable unit for the Sites. The
petition was filed in the Court of Appeals for the District
of Columbia Circuit. Dispositive motions will be filed in
November.
CONTACT: Andrew J. Harrison, Jr.
Assistant Regional Counsel
(404) 347-2641, extension 2264
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: One
CBRCLA 106 PAOs FOR RD/RA ISSDED TO 5 PRPs AT
T H AGRICULTURE AND NPTIRTION CO. SITE. ALBANY- CTDHGTA
IMPACT: On October 6, 1993, EPA Region IV issued UAOs
to 5 PRPs at the T H Agriculture and Nutrition Co.
Superfund Site (the "Site"), located in Albany, Georgia,
ordering the PRPs to conduct the Remedial Design/Remedial
Action ("RD/RA") at the Site.
BACKGROUND: Special Notice letters were issued to 7
PRPs at the Site on May 30, 1993, commencing RD/RA
negotiations; however, no PRPs made a good faith offer
to conduct the RD/RA within the moratorium period.
Accordingly, EPA issued UAOs to 5 PRPs based on the
national model UAO. The Region added participate and
cooperate language to the UAOs so that when one PRP
agrees to do the work, the remainder of the PRPs will
still be obligated to make a good faith offer proposing a
level of participation to the performing PRP.
T H Agriculture & Nutrition Co. Inc., has already
indicated that it is willing to do the work under a UAO.
Two PRPs who were issued special notice are not being named
in the UAO's. EPA is issuing 104e Information Requests to
those PRPs to develop parent liability cases.
CONTACT: Paul Schwartz
Assistant Regional Counsel
(404) 347-2641, ext. 2282
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
DATE
October 8. 1993
TO
John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected 1st Quarter Litigation Referrals: One
2. Cases Referred to DOJ tfris weak:
SOUTHDOWN. INC. (a/k/a FLORIDA MINING AND MATERIALS CONCRETE
COMPANY). TALLAHASSEE. FLORIDA
IMPACT: This civil judicial action under Section 309 of the
Clean Water Act (CWA) against Southdown, Inc., was referred
to DOJ on September 30, 1993. Copies of the package also
were routed to Headquarters (OE and OWEC offices) for
review.
BACKGROUND: Florida Mining & Materials Concrete Corporation
(FM&M) was a ready-mix concrete producer located at 900 West
Madison Street, Tallahassee, Florida. On April 29, 1991,
FM&M merged with Southdown Inc; Southdown continued business
at the site d/b/a FM&M. The operations at this site
involved the addition of sand, gravel, cement, and water to
ready-mix concrete trucks to be hauled to construction
sites. As part of its operation, Southdown operated an
industrial wastewater treatment plant for its concrete
plant. The wastewater treatment system was operated under
an EPA issued National Pollutant Discharge Elimination
System (NPDES) Permit issued on May 31, 1990.
Southdown repeatedly violated the permitted effluent
limitations of its NPDES permit from the July 1990 effective
date through January 1993. In addition, evidence of
environmental harm was documented in a February 1992 Florida
Department of Environmental Protection inspection. The
combined maximum statutory civil penalty has been initially
calculated at $10,225,000.
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CONTACT: Kevin B. Smith
Water Law Branch
(404) 347-2309 x2904
REGION IV REFERS CASE AGAINST CITY OF MARIANNA. FLORIDA TO
THE DEPARTMENT OF JUSTICE FOR COMMENCEMENT OF A CIVIL ACTION
FOR PENALTY AND INJUNCTIVE RELIEF
IMPACT: The City of Marianna, Florida, owns and operates
two public water systems, the City of Marianna water system
and Sunland Utilities water system. Each of these water
systems is subject to the provisions of the Safe Drinking
Water Act, 42 U.S.C.A. § 300f et seq., and the implementing
regulations found at 40 CFR part 141.
The City of Marianna failed to establish and maintain such
records, make such reports, conduct such monitoring, and
provide such information as required by Section 300j-4(a) of
the Act and the implementing regulations. The City of
Marianna also failed to give notice to the persons served by
each of the water systems of their failure to perform
monitoring as required by Section 300g-3(c) of the Act and
the implementing regulations. Under the PWSS program Penalty
Policy the bottom-line settlement authorized for these
violations is $28,543.73
BACKGROUND: The City of Marianna had been notified by the
Florida Department Environmental Protection of the mandatory
requirements of the regulations at least four months prior
to their effective date. The City of Marianna failed to
implement a program for the control of lead and copper in
the public drinking water system and has effectively delayed
the monitoring requirements for one year.
The purpose of this action is to protect the quality of the
drinking water for the regulated public water systems. The
regulations under 40 CFR Part 141, Subpart I establish
drinking water quality standards, and sets forth duties for
owners and operators of public water systems. When
monitoring for lead and copper contaminants is not performed
by a public water system, there is no way to determine if
there is a potential for the presence of lead and/or copper.
Consequently, harm to human health could be occurring but no
one would have a basis for knowing it or suspecting a
problem.
CONTACT; William T. Jones
Water Branch, NPDES Section
404/347-2309 x2907
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REGION IV REFERS CASE AGAINST HILLSBOROUGH COUNTY. FLORIDA
TO THE DEPARTMENT OF JUSTICE FOR COMMENCEMENT OF A CIVIL
ACTION FOR PENALTY AND INJUNCTIVE RELIEF
IMPACT: Hillsborough County, Florida, (County) owns and
operates a wastewater treatment plant known as the South
County Wastewater Treatment Plant which has a "no-discharge"
NPDES permit that prohibits surface discharges except on
occasions when the accumulated rainfall exceeds the 10-year
average.
Since 1989, the County has discharged SCWWTP effluent
through an outfall to waters of the United States on 35
different days. None of these were authorized because none
of these occurred during a 10-year rainfall event. In
addition, in October 1992, a leak in a force main resulted
in the unpermitted discharge of raw sewage into waters of
the United States.
The Region seeks an injunction to require construction of
additional effluent storage capacity that will prevent these
unpermitted discharges in the future. The Region also seeks
penalties for past violations. Under the Penalty Policy the
bottom-line settlement authorized for these violations is
$292,000.
BACKGROUND: Hillsborough County has a large, sophisticated
urban government that is centered around the City of Tampa.
It has both the expertise and the financial resources to
have prevented the cited violations, but chose to assume the
risk that weather patterns would not cause the back-up of
treated effluent that actually occurred. Also, the County
has entered into two prior Consent Decrees with the Region
for NPDES permit violations at other facilities and is not
unaware of its responsibilities. Therefore, a substantial
penalty is warranted. Accordingly, a civil action has been
deemed essential.
CONTACT: David S. Engle
Water Branch, NPDES Section
404-347-2309 x2903
REGION REFERS UIC ACTION FOR VIOLATIONS OF SAFE DRINKING
WATER ACT AGAINST WESTERN CRUDE RESERVES. INC.. et al.
IMPACT: On September 30, 1993, Region IV forwarded a direct
Safe Drinking Water Act (SDWA) civil referral against
Western Crude Reserves, Inc. (WCR), Reserve Energy, Ltd.
(RE), Appalachian Energy Company, Inc. (AE), George &
Barbara Craft and Carl Ludwig, d/b/a Domestic Energy, Inc.
(DE), Kish Resources, PLC. (Kish), and Gemco Oil
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4
Development, Inc. (Gemco), to the United States Department
of Justice for initiation of a civil enforcement action.
The referral alleges that WCR, RE, AE, DE, Kish, and Gemco
(Defendants) have violated the SDWA and the Underground
Injection Control (UIC) regulations.
BACKGROUND: Defendants have owned or operated, or currently
own or operate, 113 Class II (oil and gas related) enhanced
recovery injection wells in Kentucky. Specifically, WCR and
Gemco have been or are the operators of certain of these
wells since January 1987; and RE, AE, the Crafts and Carl
Ludwig, d/b/a DE, and Kish have been or presently are the
owners of certain of the leases upon which the wells are
located. Since 1988, Defendants have been in violation of
numerous UIC regulations. Specifically, the Defendants have
failed to case and cement, provide plugging and abandonment
plans for, maintain financial responsibility for, conduct
monitoring of, and provide annual reports of the injection
activities.
EPA has, on numerous occasions, attempted to reach agreement
on an Administrative Order on Consent to address these
violations. However, EPA does not believe settlement with
any Defendant is likely.
EPA proposes to obtain appropriate civil penalties, full
compliance with the UIC regulations, and an injunction to
prohibit any injection activities until judgment is reached
and full compliance with all UIC regulations is obtained.
Maximum statutory penalties exceed billions of dollars.
CONTACT: Joan Redleaf
RCRA/Air Branch
404-347-2335
REGION REFERS UIC ACTION TO ENFORCE ADMINISTRATIVE ORDER
AGAINST JAF OIL COMPANY. INC.. AND ITS PRESIDENT
Impact: On September 30, 1993, Region IV forwarded a direct
Safe Drinking Water Act (SDWA) referral against JAF Oil
Company, Inc. (JAF) and Peter E. Jolly (Jolly) to the United
States Department of Justice for initiation of a civil
enforcement action. The referral alleges that JAF and Jolly
have violated the SDWA and the terms of an administrative
order (AO) issued to JAF pursuant to the SDWA. The proposed
civil action seeks to obtain compliance and penalties from
JAF and from its president and principal owner, Jolly.
Background: JAF is an independent oil producer based in
California but doing business in Kentucky. The company owns
and operates 89 injection wells in Kentucky, which inject
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5
brine for the enhanced recovery of oil. The subject AO,
effective February 8, 1992, was issued due to multiple
violations of UIC regulations at these wells. To date, JAF
has not complied with any terms of the AO. Specifically,
JAF and Jolly failed to provide financial responsibility,
properly test for mechanical integrity, file required
reports, monitoring certain wells, and provide EPA with the
fracture pressure data.
The action proposes pursuing the president of the
corporation, individually, as well as the corporation.
Jolly, as president, was responsible for all actions and
operations of the corporation, and therefore should be
pursued as a responsible corporate officer. The Region also
proposes piercing the corporate veil, both as a sham
corporation and because of fraud on the agency in the form
of intentional misrepresentations made by Jolly regarding
the financial status of the company.
EPA proposes to obtain appropriate civil penalties, full
compliance with the UIC regulations, and an injunction to
prohibit any injection activities until judgment is reached
and full compliance with all UIC regulations is obtained.
CONTACT: Melissa Allen Heath
CERCLA Branch
404-347-2641 x2267
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions:
REGION OBTAINS FAVORABLE DECISION IN NPDES EVIDENTIARY
HEARING
IMPACT: On August 3, 1993, Administrative Law Judge,
Jon G. Lotis, issued an Order granting EPA's motion for
partial summary determination of this evidentiary hearing
proceeding. On September 30, 1993, Judge Lotis terminated
the proceedings based upon the parties resolution of the
sole remaining issue.
BACKGROUND: On August 6, 1991, the Regional Administrator
granted the City of Punta Gorda Florida's request for an
evidentiary hearing on certain provisions of their National
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6
Pollution Discharge Elimination System (NPDES) permit. The
most significant provision contested by the City required
that they comply with Advanced Wastewater Treatment
standards established in FLA. STAT. ch. 403.086 (1987), the
Grizzle-Figg Amendments. In their request for an
evidentiary hearing, the City challenged the EPA's inclusion
of these requirements in their NPDES permit based upon a
factual issue regarding the jurisdiction of the Amendments.
The same jurisdictional challenge had been raised
previously, by the permittee, with the Florida Department of
Environmental Regulation and dismissed.
After efforts to settle with the City proved unsuccessful,
Region IV moved that the matter be dismissed arguing that
the City's challenge was a matter of state law which should
properly be determined before a state agency or state court,
and that the agency is obligated to include more stringent
state limitations established pursuant to state law or
regulations. In a four page opinion, the court agreed with
the Region's arguments and granted the Agency's motion.
CONTACT; Carlton Waterhouse
CERCLA Branch, Kentucky/Tennessee Section
(404)347-2641, x2281
JEFFERSON SMUKFIT CORPORATION AND AMERICAN CYAN AM ID COMPANY
NPDES EVIDENTIARY HEARING REQUEST DENIED
IMPACT: The Environmental Appeals Board decision upholding
the Regional Administrator's denial of NPDES permittees'
requests for evidentiary hearings was issued on
September 27, 1993.
BACKGROUND: Two Florida dischargers American Cyanamid
Company and Jefferson Smurfit Corporation challenge the
effluent toxicity limitations and biological testing
requirements included in their NPDES permits by EPA Region
IV. The conditions were imposed to insure compliance with
the State of Florida's whole effluent toxicity criterion for
mixing zones, Fla. Admin. Code rule 17-4.244(3)(a), which
states that "the maximum concentration of wastes in the
mixing zone shall not exceed the amount lethal to 50% of the
test organisms (96-hr. LC50) for a species significant to
the indigenous aquatic community."
Permittees contended that the required testing does not
always yield accurate, reliable results, therefore Region IV
erred when it adopted permit language stating that any
single failed toxicity test shall constitute an enforceable
violation of the permit. The Regional Administrator denied
the requests pursuant to §124.75(a) based upon the
permittees' failure to raise issues of material fact. Upon
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7
review of the Regional Administrator's decisions the Appeals
Board upheld the Regions earlier determination concluding
that the contested permit provisions were wholly consistent
with the plain language of rule 17-4.244(3)(a), which the
Region is bound to implement in its NPDES permits.
CONTACT: William T. Jones
Water Branch, NPDES Section
404/347-2309 x2907
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
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fi? sr*V
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: October 8, 1993
SUBJECT: Weekly Report for the Week of October 4, 1993
FROM
Carol F. Baschorm>)|
Branch Chief I
RCRA/Air Law Branch
TO
John R. Barker
Regional Counsel
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week:
PRE-REFERRAL SENT TO HEADQUARTERS FOR VIOLATIONS OF CLEAN AIR
ACT ASBESTOS NESHAP BY PRYOR BACON COMPANY. ET AL.
IMPACT: On September 30, 1993, the Region sent a pre-referral
recommendation and mini-litigation report to the Office of
Enforcement and the Department of Justice concerning
violations of the Clean Air Act's National Emission Standards
for Hazardous Air Pollutants (NESHAP) by the Pryor Bacon
Company, Papa Properties, Ltd., and Rivermont Plumbing. The
pre-referral package requests permission to negotiate a
settlement with the Defendants prior to filing a civil
complaint with the District Court for the Eastern District of
Tennessee.
BACKGROUND: In August 1989, the Pryor Bacon Company hired
Rivermont Plumbing to renovate the plumbing at the Stuart
Manor Apartments, an apartment complex owned by Pryor Bacon in
Chattanooga, Tennessee. The project involved the removal of
old pipes that were covered with an asbestos-containing pipe
insulation. Based upon a tenant complaint and an
investigation by the local air regulatory agency, it was
determined that (1) no notification of the renovation project
was given to the air regulatory agency, (2) the asbestos
insulation was not removed from the pipes before the
renovation project began, (3) the asbestos insulation was not
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2
properly wetted when it was stripped off of the pipes, (4) the
stripped asbestos insulation was not kept wet or properly
prepared for disposal, and (5) the stripped asbestos
insulation was not properly disposed of for a period of almost
two years, and was left in an area where tenants could come
into direct contact with airborne asbestos fibers. The Region
is recommending a $1,565,000 civil penalty for these asbestos
NESHAP violations.
CONTACT: Keith Holman
RCRA/Air Branch
(404) 347-2335, Ext. 2129
PRE-REFERRAL SENT TO HEADQUARTERS FOR NEGOTIATION OF
SETTLEMENT OF r-T.EAN ATR ACT (ACT1 VIOLATIONS BV WTT.T.AMKTTlg
INDUSTRIES. INC.
IMPACT; On September 29, 1993, Region IV sent a pre-referral
package to Headquarters requesting its concurrence for the
Region to negotiate a settlement of Clean Air Act (Act)
violations by Willamette Industries, Inc. (Willamette). The
Region requested authority to negotiate a settlement with
Willamette prior to filing a civil action against Willamette
under Section 113(b) of the Act, 42 U.S.C. § 7413(b).
Approval is sought for a minimum settlement of $605,388 and
appropriate injunctive relief.
BACKGROUND: Willamette operates a wood waste boiler as part
of its kraft pulp mill in Marlboro County, South Carolina.
The boiler supplies the mill's steam needs. From 1991 to
1993, the boiler's particulate emissions exceeded the
permitted limit set pursuant to the Prevention of Significant
Deterioration standards of South Carolina's State
Implementation Plan. This limit was established using the
Best Available Control Technology for the boiler. For three
periods of time from 1991 to the present, the emissions also
exceeded the limit under New Source Performance Standards
(NSPS) for particulates, 40 C.F.R. Part 60, Subpart Db. The
NSPS violations are considered on-going.
CONTACT: David K. Savage
RCRA/Air -Law-Branch
(404) 347-2335, Ext. 2135
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
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3
6. Litigation Settled by Negotiation:
BFGOODRICH PAYS PENALTY IN CLEAN AIR ACT CASE
IMPACT: On September 30, 1993/ the BFGoodrich Company paid a
$215,000 penalty in settlement of an action EPA commenced
against BFGoodrich for violations of the National Emissions
Standards for Hazardous Air Pollutants (NESHAP) under the
Clean Air Act for vinyl chloride and mercury.
BACKGROUND: The Region initiated a pre-referral action in
1990 against the BFGoodrich Company for vinyl chloride NESHAP
violations at its Calvert City plant, and in 1992 added
several violations of mercury NESHAP violations at the
BFGoodrich chlor-alkali facility also in Calvert City. The
Region added these violations to the settlement conditions,
and BFGoodrich agreed to a total penalty of $215,000 ($15,000
added to the $200,000 fine for vinyl chloride NESHAP
violations). In addition, BFGoodrich agreed to implement
recommendations made by an outside environmental consultant,
and to construct a new fume scrubber to reduce mercury
emissions at the chlor-alkali facility to levels more
stringent than NESHAP reguirements. The Complaint and Consent
Decree in this matter were filed on September 7, 1993, and the
Consent Decree was entered by the court on September 17, 1993.
This is believed to be EPA's first resolution of a mercury
NESHAP violation.
CONTACT: Alan Dion
RCRA/Air Branch
404/257-2335, Ext. 2131
7. Significant Administrative Actions:
COMPLAINT FILED AGAINST OMEGA CHEMICALS AS PART OF A NATIONAL
TOXICS ENFORCEMENT INITIATIVE
IMPACT: On September 30, 1993, a complaint was filed against
Omega Chemicals, Inc., located in Spartanburg, South Carolina,
for violations of TSCA. This enforcement action, which is
part of a national toxics enforcement initiative, includes the
proposed assessment of a penalty in the amount of $90,000.
BACKGROUND: Section 5(a)(1) of TSCA provides that no person
may manufacture a chemical substance which does not appear on
the TSCA Chemical Substance Inventory without first submitting
a premanufacture notification form (PMN) at least 90 days
before manufacturing such substance. Omega Chemicals violated
that section of TSCA by failing to submit a notice to the
Administrator of its intention to manufacture a new chemical
substance before commencing the manufacture of that chemical.
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4
CONTACT: Zylpha Pryor
RCRA/Air Branch
(404) 347-2335 ext. 2125
EPA AND 3V. INC.. SETTLE RCRA S 3008fA^ ACTION. FILED IN 1992
BOILER AND INDUSTRIAL FURNACE INITIATIVE. FOR VIOLATIONS AT
FACILITY IN GEORGETOWN. SOUTH CAROLINA
IMPACT: 3V, Inc. has agreed to pay $57,500 in civil penalties
and spend at least $960,000 towards a Supplemental
Environmental Project to resolve violations of RCRA
regulations at its Georgetown, South Carolina facility,
alleged in a Complaint and Compliance Order filed as part of
the Region IV Boiler and Industrial Furnace (BIF) Initiative
on August 31, 1992. The Consent Order also includes
provisions for the company to submit the necessary documents
to establish that it is operating in compliance with the BIF
Rule.
BACKGROUND; On August 31, 1992, EPA issued a Complaint and
Compliance Order against 3V, Inc., alleging violations of RCRA
and its regulations, including the BIF rule. The Complaint
was filed as part of the BIF Initiative and addressed
violations related to the operation of a boiler unit at the
Georgetown, South Carolina, facility without a permit and in
non-compliance with the BIF Rule. The Complaint originally
proposed a civil penalty of $1,701,804, which was subsequently
recalculated based on information submitted by 3V, the
application of adjustment factors, and the Region's analysis
of the impact of the Paperwork Reduction Act. Through
numerous submissions regarding a Supplemental Environmental
Project (SEP) proposal, 3V demonstrated that the construction
of a closed loop non-contact cooling water system would
produce significant environmental benefits. The Region agreed
to a settlement requiring payment of a cash component penalty
of $57,500 and expenditure of over $960,000 towards the SEP.
In addition, the settlement included provisions for the
submission to the Region of the documents necessary under the
BIF Rule to authorize the facility to again begin burning
hazardous waste in the boiler unit.
CONTACT: Peter Raack
CERCLA Branch
(404) 347-2641, Ext. 2234
EPA AND ICI ACRYLICS. INC.. SETTLE RCRA S 3008fAl ACTION.
FILED IN 1992 BOILER AND INDUSTRIAL FURNACE INITIATIVE. FOR
VIOLATIONS AT FACILITY IN OLIVE BRANCH. MISSISSIPPI
IMPACT: ICI Acrylics, Inc., has agreed to pay $104,000 in
civil penalties to resolve violations of RCRA regulations at
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5
its Olive Branch, Mississippi, facility, alleged in a
Complaint and Compliance Order filed as part of the Region IV
Boiler and Industrial Furnace (BIF) Initiative on August 31,
1992.
BACKGROUND: On August 31, 1992, EPA issued a Complaint and
Compliance Order against ICI Acrylics, Inc., alleging
violations of RCRA and its regulations, including the BIF
rule. The Complaint was filed as part of the Region IV BIF
Initiative and addressed violations related to the operation
of a boiler unit at the Olive Branch, Mississippi, facility.
The Complaint originally proposed a civil penalty of $382,000,
which was subsequently recalculated based on information
submitted by ICI and based on the Region's analysis of the
impact of the Paperwork Reduction Act. The Region agreed to a
settlement requiring payment of a civil penalty of $104,000.
In addition, the settlement included provisions for the
submission of a certification stating that the company has
ceased the burning of hazardous waste in the boiler unit and
that the company intends to close the unit pursuant to the
RCRA closure requirements.
CONTACT: Peter Raack
CERCLA Branch
(404) 347-2641, Ext. 2234
EPA AND LAFARGE CORPORATION SETTLE RCRA S 3008ACTION.
FILED IN 1992 BOILER AND INDUSTRIAL FURNACE INITIATIVE. FOR
VIOLATIONS AT FACILITY IN DEMOPOLIS. ALABAMA
IMPACT: On August 31, 1992, EPA issued an Administrative
Complaint and Compliance Order (Order) against Lafarge as part
of the "1992 Region IV Boiler and Industrial Furnace (BIF)
Initiative." On September 28, 1993, a Consent Agreement and
Final Order (CAFO) was finalized and filed with the hearing
clerk. The CAFO requires Lafarge of pay a penalty in the
amount of $594,000 and to certify closure of its cement kiln
dust waste pile pursuant to Alabama Department of
Environmental Management (ADEM) regulations.
BACKGROUND: Lafarge (which was recently sold to Medusa
Corporation) operated a cement manufacturing kiln at a
facility located in Demopolis, Alabama. The facility became
subject to regulation under RCRA and the BIF regulations
published in 40 C.F.R. Part 266. The Order issued against
Lefarge was a result of a joint RCRA Compliance Evaluation
Inspection and ADEM inspection conducted on February 12 and
13, 1992.
CONTACT: Frank S. Ney
RCRA/AIR Branch
(404) 347-2335, ext. 2157
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6
8. Other Significant Events: None
9. Early Warning Items s None
10. Travels None
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i " \
| * UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\pro^ REGION IV
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 1, 1993
SUBJECT: Weekly Report for the Week of 10/25/9 3^-10/29/93
FROM: o^-John R. Barkex^l^CC/^2-^*^ ff.
0 Regional Counsel (
THRU: Patrick M. Tobin
Acting Regional Administrator, Region IV
TO: Steven A. Herman
Assistant Administrator for Enforcement (2211)
ATTN: Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: 9
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: None
8. Other Significant Events:
ALABAMA STATE REVOLVING FUND DEFICIENCY NOTICE SENT
IMPACT: EPA Region IV sent a notice of deficiency to the
Alabama Department of Environmental Management (ADEM)
regarding certain aspects of Alabama's State Revolving Fund
(SRF) program. This letter gave the State 60 days from the
date of receipt to send EPA a statement describing the
actions to be taken to cure the deficiencies in the SRF
program.
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2
BACKGROUND: ADEM administers the Alabama SRF program.
Under Alabama's program, as approved by EPA prior to their
initial capitalization grant, several opportunities for
review of alternatives and public participation are to be
provided by the loan recipient prior to ADEM making a loan
from the fund. An investigation of the program by Region IV
indicated that such opportunities had not been provided by
two recipients of non-Title II loans.
This deficiency notice informs Alabama of the problems found
by EPA's investigation and requires that corrections be made
on these past loans and by the program in the future. This
deficiency notice is the first step in a process that could
result in the Regional Administrator making a determination
that the State is not in compliance with 40 C.F.R Part 35.
CONTACT: Mindy C. Waitsman
Water Branch
(404) 347-2309, Ext. 2919
REGION IV IS NOTIFIED THAT METRO-DADE WATER AND SEWER
AUTHORITY EXPERIENCED A FOUR MIIT-TON dAT.T,OK fiPTTJ, IN NORTH
DADE COUNTY
BACKGROUND: On October 18, 1993, Region IV was notified
that Metro-Dade Water and Sewer Authority experienced an
approximately four million gallon spill in North Dade
County. The spill, which occurred in a mangrove, resulted
from the breakage of a corroded 72-inch pipe.
Suit was filed in the United States District Court for the
Southern District of Florida on June 10, 1993. The
Complaint contains five claims for relief. The first claim
alleges imminent and substantial endangerment in accordance
with Section 504 of the Clean Water Act. The 504 claim
addresses the deteriorated condition of the existing cross-
bay line that conveys untreated wastewater from the Central
District to the Central Plant on Virginia Key. The
remaining four claims address system-wide unpermitted
discharges, improper operation and maintenance, and
reporting violations. A First Partial Consent Decree has
been negotiated and signed. This agreement addressed the
504 claim, contingency plans and short term measures.
The spill which occurred on October 18, 1993, triggers the
County's responsibility, pursuant to the First Partial
Consent Decree, to invoke the measures contained in the
contingency plan. This plan is designed to ensure
minimization of the effects of system-wide unpermitted
discharges.
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3
The Second and Final Partial Consent Decree, wmcn is
currently being negotiated, addresses remedial measures
associated with all other claims in the complaint, including
penalty for unpermitted discharges. The recent spill
experienced by the County will be included as a significant
unpermitted discharge to which a penalty will attach.
CONTACT: Mary Greene
Water Branch
(404) 347-2309, Ext. 2902
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator,'Region IV
Region IV Office and Division Directors
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" \
* UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
% REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
DATE: October 29, 1993
SUBJECT: Weekly Report for the Week of, 10/25/93 - 10/29/93
FROM: Rowland Heyward, Chie
Water Branch
TO: John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected 1st Quarter Litigation Referrals: Qne^ ^3
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: None
8. Other Significant Events:
ALABAMA STATE REVOLVING FUND DEFICIENCY NOTICE SENT
IMPACT: EPA Region IV sent a notice of deficiency to the
Alabama Department of Environmental Management (ADEM)
regarding certain aspects of Alabama's State Revolving Fund
(SRF) program. This letter gave the State 60 days from the
date of receipt to send EPA a statement describing the
actions to be taken to cure the deficiencies in the SRF
program.
BACKGROUND: ADEM administers the Alabama SRF program.
Under Alabama's program, as approved by EPA prior to their
initial capitalization grant, several opportunities for
review of alternatives and public participation are to be
provided by the loan recipient prior to ADEM making a loan
from the fund. An investigation of the program by Region IV
indicated that such opportunities had not been provided by
two recipients of non-Title II loans.
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2
This deficiency notice informs Alabama of the problems found
by EPA's investigation and requires that corrections be made
on these past loans and by the program in the future. This
deficiency notice is the first step in a process that could
result in the Regional Administrator making a determination
that the State is not in compliance with 40 C.F.R Part 35.
CONTACT: Mindy C. Waitsman
Water Law Branch
404-347-2309 x2919
REGION IV IS NOTIFIED THAT METRO-DADE WATER AND SEWER
AUTHORITY EXPERIENCED A FOUR MILLION GALLON SPILL IN NORTH
DADE COUNTY
Background: On October 18, 1993, Region IV was notified
that Metro-Dade Water and Sewer Authority experienced an
approximately four million gallon spill in North Dade
County. The spill, which occurred in a mangrove, resulted
from the breakage of a corroded 72-inch pipe.
Suit was filed in the United States District Court for the
Southern District of Florida on June 10, 1993. The
Complaint contains five claims for relief. The first claim
alleges imminent and substantial endangerment in accordance
with Section 504 of the Clean Water Act. The 504 claim
addresses the deteriorated condition of the existing cross-
bay line that conveys untreated wastewater from the Central
District to the Central Plant on Virginia Key. The
remaining four claims address system-wide unpermitted
discharges, improper operation and maintenance, and
reporting violations. A First Partial Consent Decree has
been negotiated and signed. This agreement addressed the
504 claim, continengency plans and short term measures.
The spill which occurred on October 18, 1993, triggers the
County's responsibility, pursuant to the First Partial
Consent Decree, to invoke the measures contained in the
contingency plan. This plan is designed to ensure
minimization of the effects of system-wide unpermitted
discharges.
The Second and Final Partial Consent Decree, which is
currently being negotiated, addresses remedial measures
associated with all other claims in the complaint, including
penalty for unpermitted discharges. The recent spill
experienced by the County will be included as a significant
unpermitted discharge to which a penalty will attach.
Contact: Mary Greene
PWSS/NPDES Section
(404) 347-2309 ext. 2902
9. Early Warning Items:
10. Travel/Leave:
-------
^tosr^.
*' m. m %
| * UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
PBOlt
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 8, 1993
SUBJECT: Weekly Report for the Week of 11/0^^,93-11/05/93
FROM: Z^Tohn R. Barkei^^c^t-^t^./^/aA
v Regional Counsel
THRU: Patrick M. Tobin
Acting Regional Administrator, Region IV
TO: Steven A. Herman
Assistant Administrator for Enforcement (2211)
ATTN: Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: 9
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ:
EPA FTT.KS MOTION TO INTERVENE AT SUMMIT RESOURCE MANAGEMENT
SUPERFUND SITE. MATTHEWS. NC
IMPACT: EPA filed a Motion to Intervene in a RCRA § 7002
private party lawsuit between the owner and operator of the
Summit facility because EPA is conducting a fund-lead
removal at the site and the Court in the private litigation
ordered a non-capable PRP to conduct the cleanup. The
Motion to Intervene was filed to prevent a conflict between
EPA's authority to conduct the cleanup fund-lead under
CERCLA and the Court's authority to order the PRP to conduct
the cleanup under RCRA. EPA's motion requests a
modification of the Court's Order allowing EPA to designate
specific work to be done by the PRP.
BACKGROUND: The owner, Blazek & Teal Enterprises (B & T) ,
filed a RCRA § 7002 suit against a former operator, Summit
Resources Management, Inc. (Summit), on March 4, 1993,
alleging Summit had illegally stored drums containing
hazardous substances on B & T's property. During July and
-------
2
August 1993, EPA negotiated with B & T and Summit for a PRP-
lead removal. EPA prepared an Action Memo to conduct the
removal fund-lead when negotiations stalled.
On August 23, 1993, the Court issued a Preliminary
Injunction Order (Order) against Summit ordering Summit to
conduct the cleanup without considering whether Summit was
technically or financially capable of performing the
cleanup. EPA then received additional information about
Summit's technical and financial capacity to conduct the
cleanup and determined pursuant to CERCLA 104(a)(1) that
Summit was not qualified to properly and promptly perform
the removal action. EPA then finalized its Action
Memorandum on August 31, 1993. On September 7, 1993, Summit
filed a Motion to Stay the Preliminary Injunction. Because
the Site had been designated time-critical, EPA began
removal activities at the Site on September 13, 1993.
On or about September 16, 1993, EPA notified the Court that
EPA was on-Site conducting the removal action fund-lead.
The Court threatened EPA with contempt for frustrating the
Order should EPA not allow Summit to conduct the removal.
On September 22, 1993, the Court denied Summit's Motion to
Stay the Order and EPA was notified of this decision on
September 27, 1993. EPA then requested assistance from the
U.S. Department of Justice in filing the Motion to Intervene
to ensure that EPA's fund-lead removal would continue
undisturbed and to prevent any conflict with the Court's
Order. The Motion was filed on October 22, 1993 and the
hearing on the Motion has been set for November 12, 1993.
CONTACT: Leslie E. Bell
CERCLA Branch
(404) 347-2641, Ext. 2231
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
ORDER GRANTING MOTION TO COMPEL DISCOVERY OF EPA PENALTY
CALCULATION ENTERED IN NORTHERN DISTRICT OF FLORIDA
IMPACT: In U.S. v. Port St. Joe Forest Products Co. et al..
the U.S. District Court for the Middle District of Florida,
Panama City Division, entered an order, on October 19, 1993,
granting in part the motion of defendants to compel the
production of certain documents. While the court ruled that
Plaintiff cannot be compelled to reveal its bottom-line
settlement figures, the Court indicated that the
Government's figures for economic benefit, the gravity of
the alleged violations, and the models or programs used to
make these calculations are discoverable.
-------
3
Region IV has expressed to the Office of Enforcement and
Compliance Assurance and to the Department of Justice its
concerns relating to the potential discoverability of EPA's
gravity calculations. Because of the national implications
of this decision, the region is looking to EPA Headquarters
and DOJ to assist in bringing a national perspective to this
issue.
BACKGROUND; This is a civil enforcement action brought
against the City of Port St. Joe, Florida (the City), Port
St. Joe Forest Products Co. (the Mill), and the State of
Florida for alleged violations of the federal Clean Water
Act. Specifically, the Government alleges that the City has
violated the effluent parameters of its NPDES permit, and
that the Mill has caused interference and pass through of
pollutants at the City's municipal wastewater treatment
facility. The purpose of the action is to obtain an
injunction against further violations of the CWA and an
appropriate civil penalty.
CONTACT: Stedman Southall
Water Branch
(404) 347-2309, Ext. 2908
6. Litigation Settled by Negotiations:
CERCLA SECTION 107 CONSENT DECREE EXECUTED BY REGION IV FOR
THE JADCO/HUGHES SITE. GASTON COUNTY. NORTH CAROLINA
IMPACT: On November 1, 1993, EPA-Region IV executed two
Consent Decrees, one of which was previously executed by
each member of the Jadco/Hughes Site Steering Committee, the
other being previously signed by AKZO Coatings, Inc., (AKZO)
and Jadco, Inc., (Jadco), both of which are late-settling
parties. The Steering Committee's decree provides that its
members will reimburse EPA past costs in the amount of
$555,000, and the AKZO and Jadco decree provides for
reimbursement of $75,534.04 (by AKZO) and $151,919.16 (by
Jadco). The total costs reimbursed under both decrees is
$837,453.24, which represents 89.6 percent of total EPA-DOJ
past costs of $934,987.23 incurred as of April 30, 1992.
BACKGROUND: The Jadco/Hughes Site is a six-acre parcel of
land in Gaston County, North Carolina on which soils and
groundwater are contaminated with volatile organic
compounds, polychlorinated biphenyls and metals released
from deteriorated, leaking drums stored and disposed of on
the Site. The PRP signatures to the CDs, consist of 267
generators of waste sent to the Site for disposal during the
period of Site operations and an operator of the Site. In
August 1975, the North Carolina Department of Natural and
Economic Resources obtained a temporary restraining order
-------
4
(TRO) rom a local state court, requiring C.A. Hughes, Inc.,
and Jadco, Inc., to discontinue operations and remove i
drummed and other wastes from the Site. In December 1983,
following completion of drum removal activities under the
TRO, the Site was brought to EPA's attention.
On June 19, 1991, Region IV issued a Unilateral
Administrative Order for RD/RA to the owner/operator PRPs
and 27 generators. Each member of the Steering Committee
notified EPA of its intention to comply with the provisions
of the order, and has continued in compliance through the
date of this report.
On September 30, 1991, the Site was referred to DOJ for cost
recovery, and settlement negotiations with the Steering
Committee began shortly thereafter. In July 1992, DOJ filed
an action for cost recovery against Jadco, AKZO and
Snydergeneral Corporation, a non-settling party against whom
DOJ is continuing the cost recovery litigation.
CONTACT: Reuben Bussey
CERCLA Branch
404) 347-2641, Ext. 2236
7. Significant Administrative Actions:
PRPs AT T.H. AGRICULTURE & NUTRITION CO. SUPERFUND SITE.
ALBANY. GEORGIA TO COMPLY WITH UAOs FOR RD/RA
IMPACT; On October 22, 1993, four PRPs which were named as
Respondents in a Unilateral Administrative Order (UAO) for
Remedial Action/Remedial Design (RD/RA) for Operable Unit 1
at the T. H. Agriculture & Nutrition Co., Site (the Site)
provided notice to EPA that they intended to comply with
the UAO.
BACKGROUND; UAOs were issued to five PRPs at the Site after
no PRP submitted a good faith offer in response to a special
notice letter. One of the PRPs, T. H. Agriculture &
Nutrition Co., Inc., (THAN) has indicated that it will
comply with the UAO and will undertake the work required to
implement the Record of Decision for Operable Unit 1 at the
Site. The ROD calls for pumping and treating contaminated
groundwater and non-aqueous phase plume (NAPL) which
contains xylene and various pesticides at the Site.
(Operable Unit 2 will address remaining soil contamination
at the Site. The RD/RA for Operable Unit 1 is estimated to
cost 4.1 million dollars to implement. Three other PRPs
which received UAOs have indicated that they will propose a
level of participation to THAN and enter into negotiations
with THAN to reach agreement about an appropriate level of
participation in the RD/RA, as required by participate and
-------
5
cooperative provisions of the UAO. A fourth PRP, Phillips
Electronics North America Corporation, the parent company of
THAN which exercises pervasive control over THAN, has
indicated that it will not comply with the UAO because it
does not believe that it is liable under CERCLA.
CONTACT: Paul Schwartz
CERCLA Branch
(404) 347-2641, Ext. 2282
.REGION ISSUES CERCLA SECTION 122(a) NOTICE LETTERS FOR THE
RD/RA AT THE STAUFFER CHEMICAL (COLD CREEK AND LEMOYNE
PLANT) SITES. OPERABLE UNIT 3. COLD CREEK SWAMP. BUCKS AND
AXIS. ALABAMA
IMPACT: On November 1, 1993, Region IV issued CERCLA
Section 122(a) Notice Letters to Akzo Chemicals, Inc., and
Zeneca, Inc., inviting these PRPs to submit a good faith
offer to perform the RD/RA for Operable Unit 3 (OU3), Cold
Creek Swamp (the Site), of the Stauffer Chemical (Cold Creek
and LeMoyne Plant) Sites.
BACKGROUND: Cold Creek Swamp, consists of approximately 650
acres of wetlands located twenty-five (25) miles north of
Mobile, Alabama. The Site is adjacent to two active
manufacturing complexes, the Cold Creek and LeMoyne Plants.
Wastewater discharges from the LeMoyne Plant are believed to
have contained mercury. Due to the discharges and the
movement of contaminated sediments, two twenty-five (25)
acre areas contain sediments and soils bearing high
concentrations of mercury. Additionally, receptor
organisms, including carnivorous fish and predatory
herptiles, sampled in OU3 contained levels of mercury above
the recommended safe limit for ingestion by sensitive
species of birds.
The Region identified two (2) PRPs for 0U3. Akzo Chemicals,
Inc., and Zeneca, Inc., are each persons'who arranged for
the disposal of the mercury found in the Site.
The presence of contaminants at the Site has generated
considerable interest among the Natural Resource Trustees.
The Department of the Interior, the National Oceanic
Atmospheric Administration, and the Alabama Department of
Conservation and Natural Resources have each submitted
comments which reflect their belief that contamination at
the Site has significantly impacted natural resources.
-------
6
The Notice Letters indicate that the PRPs may submit a good
faith offer within thirty (30) days, and if they do, the
moratorium will continue for sixty (60) additional days to
allow for negotiations.
CONTACT: Andrew J. Harrison, Jr.
CERCLA Branch
(404) 347-2641, Ext. 2264
SPECIAL NOTICE LETTERS ISSUED TO 40 PRPS FOR SECOND OPERABLE
UNIT AT THE SMITH'S FARM SITE. BULLIT COUNTY. KENTUCKY
IMPACT: On October 29, 1993, Special Notice letters, for a
second operable unit, were issued to 40 potentially
responsible parties (PRPs) at the Smith's Farm Site located
in Bullit County, Kentucky.
BACKGROUND: The first operable unit, at the Site,
encompasses 80 acres of a 460 acre farm which was used from
1955 to 1983 as an unpermitted waste dump. The second
operable unit, at the Site, operated as a permitted landfill
from 1974 to 1989 and consists of 37.5 acres. In March
1990, the Department of Justice brought a cost recovery
action against five of the PRPs at the Site to recovery past
costs expended by the Agency. PRPs completed a Remedial
Design and are conducting Remedial Action at the first
operable unit pursuant to a Unilateral Administrative Order.
In an attempt to settle a contribution suit brought by four
of the PRPs at the Site, parties recently completed non-
binding alternative dispute resolution.
CONTACT: Carlton M. Waterhouse
CERCLA Branch
(404) 347-2641, Ext. 2281
ADMINISTRATIVE LAW JUDGE DENIES FLORIDA DEPARTMENT OF
TRANSPORTATION'S MOTION TO QUASH EPA'S INFORMATION REQUEST
AND MOTION FOR PROTECTIVE ORDER IN RCRA SECTION 3008(a)
ACTION
IMPACT; Administrative Law Judge Vanderheyden issued an
Order on October 26, 1993, denying the Florida Department of
Transportation's (FDOT) Motion to Quash EPA's Information
Request. The court ruled that EPA is not precluded by 40
C.F.R. Section 22.19(f) (the discovery provision in the
Consolidated Rules) from issuing information requests to a
defendant in a RCRA case following the filing of the
complaint or during the pendency of the action. The court
refused to quash EPA's information requests, which were
issued pursuant to Section 3007 of RCRA and Section 104(e)
of CERCLA.
-------
7
BACKGROUND: In August 1992, EPA filed a RCRA Section
3008(a) Complaint and Compliance.Order against FDOT. The
allegations in the Complaint were based in part on
information FDOT submitted pursuant to EPA's 1991
Information Request Letter. However, after EPA issued the
Complaint, EPA determined that FDOT had not submitted a
complete response to the first information request. Also,
EPA had obtained new information concerning additional
potential violations by FDOT at their facility and at a
nearby landfill. In May 1993, EPA issued its second
Information Request to FDOT seeking additional information
relating to its activities at their facility and the nearby
landfill.
FDOT filed a Motion to quash and for Protective Order,
arguing that once EPA files a Section 3008 complaint, the
only way it can obtain additional information from a
defendant is by filing a motion for discovery under 40
C.F.R. § 22.19. The court flatly rejected FDOT's arguments
and held that under the facts of this case, EPA could not be
compelled to follow § 22.19 in lieu of issuing an
Information Request. The Judge ruled "EPA may issue demands
for information pursuant to Section 3007 during the pendency
of a proceeding. Such a request is not prosecutorial
abuse."
CONTACT: Robert Caplan
CERCLA Branch
(404) 347-2641, Ext. 2239
CITY OF PORT ST. JOE. FLORIDA FILES PETITION FOR REVIEW WITH
ENVIRONMENTAL APPEALS BOARD
IMPACT: On Oct 25, 1993, the City of Port St. Joe filed a
Petition for Review pursuant to 40 C.F.R. Section 124.91.
The Petition requested review of what Port St. Joe contended
was a denial, by EPA, of the City's Request for an
Evidentiary Hearing on its 1990 NPDES permit. EPA is to
prepare a response to the Petition by December 10, 1993.
BACKGROUND: The City's request for a hearing was submitted
in 1990. EPA has not issued a determination either granting
or denying the request. In September of 1993, EPA did
withdraw the permit that was the subject of the request.
The withdrawal enabled the City to submit new information
concerning its permit. The new draft permit has not yet been
issued as a final permit.
CONTACT: Craig Higgason
Water Branch
(404) 347-2309, Ext. 2915
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8
CONSENT AGREEMENT AND ORDER ASSESSING ADMINISTRATIVE
PENALTIES UNDER NPDES ENTERED INTO BETWEEN REGION IV AND
CITY OF APPALACHICOLA. FLORIDA
IMPACT: On October 26, 1993, the Regional Administrator
executed a Consent Agreement in which the City of .
Appalachicola (City) agreed to pay $10,000 as a penalty for
several violations of its NPDES permit. The City has also
been served with an Administrative Order under 309(a) of the
CWA which requires it to take several actions to correct the
violations of the permit.
BACKGROUND: The City operates a wastewater treatment
facility (facility) which discharges pollutants to waters of
the United States. The facility's discharges exceeded the
permitted limitations for ammonia, biochemical oxygen,
suspended solids and fecal coliform.
CONTACT: Mindy C. Waitsman
Water Branch
(404) 347-2309, Ext. 2919
8. Other Significant Events:
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
V ,tcT REGION IV
PflO^
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 5, 1993
SUBJECT: Weekly Report for the Week of 11/01/93 - 11/05/93
FROM: Phyllis P. Harris, Chief
CERCLA Branch
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals for the 1st Quarter: Five
2. Cases Referred to DOJ This Week: None
3. Cases Filed by DOJ: One
EPA FILES MOTION TO INTERVENE AT SUMMIT RESOURCE MANAGEMENT
SUPERFUND SITE. MATTHEWS. NC
IMPACT: EPA filed a Motion to Intervene in a RCRA § 7002
private party lawsuit between the owner and operator of the
Summit facility because EPA is conducting a fund-lead
removal at the site and the Court in the private litigation
ordered a non-capable PRP to conduct the cleanup. The
Motion to Intervene was filed to prevent a conflict between
EPA's authority to conduct the cleanup fund-lead under
CERCLA and the Court's authority to order the PRP to conduct
the cleanup under RCRA. EPA's motion requests a
modification of the Court's Order allowing EPA to designate
specific work to be done by the PRP.
BACKGROUND: The owner, Blazek & Teal Enterprises (B & T),
filed a RCRA § 7002 suit against a former operator, Summit
Resources Management, Inc. (Summit), on March 4, 1993,
alleging Summit had illegally stored drums containing
hazardous substances on B & T's property. During July and
August 1993, EPA negotiated with B & T and Summit for a PRP-
lead removal. EPA prepared an Action Memo to conduct the
removal fund-lead when negotiations stalled.
-------
-2-
On August 23, 1993, the Court issued a Preliminary
Injunction Order (Order) against Summit ordering Summit to
conduct the cleanup without considering whether Summit was
technically or financially capable of performing the
cleanup. EPA then received additional information about
Summit's technical and financial capacity to conduct the
cleanup and determined pursuant to CERCLA 104(a)(1) that
Summit was not qualified to properly and promptly perform
the removal action. EPA then finalized its Action
Memorandum on August 31, 1993. On September 7, 1993, Summit
filed a Motion to Stay the Preliminary Injunction. Because
the Site had been designated time-critical, EPA began
removal activities at the Site on September 13, 1993.
On or about September 16, 1993, EPA notified the Court that
EPA was on-Site conducting the removal action fund-lead.
The Court threatened EPA with contempt for frustrating the
Order should EPA not allow Summit to conduct the removal.
On September 22, 1993, the Court denied Summit's Motion to
Stay the Order and EPA was notified of this decision on
September 27, 1993. EPA then requested assistance from the
U.S. Department of Justice in filing the Motion to Intervene
to ensure that EPA's fund-lead removal would continue
undisturbed and to prevent any conflict with the Court's
Order. The Motion was filed on October 22, 1993 and the
hearing on the Motion has been set for November 12, 1993.
CONTACT: Leslie E. Bell
CERCLA Branch
404-347-2641, ext. 2231
4. Cases Initiated Against EPA: None.
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: One
CERCLA SECTION 107 CONSENT DECREE EXECUTED BY REGIOM IV FOR
THE JADCO/HUGHES SITE. GASTON COUNTY. NORTH CAROLINA
IMPACT; On November 1, 1993, EPA-Region IV executed two
Consent Decrees, one of which was previously executed by
each member of the Jadco/Hughes Site Steering Committee, the
other being previously signed by AKZO Coatings, Inc., (AKZO)
and Jadco, Inc., (Jadco), both of which are late-settling
parties. The Steering Committee's decree provides that its
members will reimburse EPA past costs in the amount of
$555,000, and the AKZO and Jadco decree provides for
reimbursement of $75,534.04 (by AKZO) and $151,919.16 (by
Jadco). The total costs reimbursed under both decrees is
$837,453.24, which represents 89.6 percent of total EPA-DOJ
past costs of $934,987.23 incurred as of April 30, 1992.
-------
-3-
BACKGROOND: The Jadco/Hughes Site is a six-acre parcel 01
land in Gaston County, North Carolina on which soils and
groundwater are contaminated with volatile organic
compounds, polychlorinated biphenyls and metals released
from deteriorated, leaking drums stored and disposed of on
the Site. The PRP signatures to the CDs, consist of of 267
generators of waste sent to the Site for disposal during the
period of Site operations and an operator of the Site. In
August 1975, the North Carolina Department of Natural and
Economic Resources obtained a temporary restraining order
(TRO) rom a local state court, requiring C.A. Hughes, Inc.,
and Jadco, Inc., to discontinue operations and remove
drummed and other wastes from the Site. In December 1983,
following completion of drum removal activities under the
TRO, the Site was brought to EPA's attention.
On June 19, 1991, Region IV issued a Unilateral
Administrative Order for RD/RA to the owner/operator PRPs
and 27 generators. Each member of the Steering Committee
notified EPA of its intention to comply with the provisions
of the order, and has continued in compliance through the
date of this report.
On September 30, 1991, the Site was referred to DOJ for cost
recovery, and settlement negotiations with the Steering
Committee began shortly thereafter. In July 1992, DOJ filed
an action for cost recovery against Jadco, AKZO and
Snydergeneral Corporation, a non-settling party against whom
DOJ is continuing the cost recovery litigation.
CONTACT: Reuben Bussey
CERCLA Branch
(404) 347-2641, ext. 2236
7. Significant Administrative Actions: Three
PRPs AT T.H. AGRICULTURE & NUTRITION CO. SUPERFUND SITE.
ALBANY. GEORGIA TO COMPLY WITH UAOs FOR RD/RA
IMPACT: On October 22, 1993, four PRPs which were named as
Respondents in a Unilateral Administrative Order (UAO) for
Remedial Action/Remedial Design (RD/RA) for Operable Unit 1
at the T. H. Agriculture &' Nutrition Co., Site (the Site)
provided notice to EPA that they intended to comply with
the UAO.
BACKGROUND: UAOs were issued to five PRPs at the Site after
no PRP submitted a good faith offer in response to a special
notice letter. One of the PRPs, T. H. Agriculture &
Nutrition Co., Inc., (THAN) has indicated that it will
comply with the UAO and will undertake the work required to
implement the Record of Decision for Operable Unit 1 at the
-------
-4-
Site. The ROD calls for pumping and treating contaminated
groundwater and non-aqueous phase plume (NAPL) which
contains xylene and various pesticides at the Site.
(Operable Unit 2 will address remaining soil contamination
at the Site. The RD/RA for Operable Unit 1 is estimated to
cost 4.1 million dollars to implement. Three other PRPs
which received UAOs have indicated that they will propose a
level of participation to THAN and enter into negotiations
with THAN to reach agreement about an appropriate level of
participation in the RD/RA, as required by participate and
cooperative provisions of the UAO. A fourth PRP, Phillips
Electronics North America Corporation, the parent company of
THAN which exercises pervasive control over THAN, has
indicated that it will not comply with the UAO because it
does not believe that it is liable under CERCLA.
CONTACT: Paul Schwartz
CERCLA Branch
(404) 347-2641, Ext. 2282
REGION ISSUES CERCLA SECTION 122 la) NOTICE LETTERS FOR THE
RD/RA AT THE STAUFFER CHEMICAL (COLD CREEK AND LEMOYNE
PLANT! SITES. OPERABLE UNIT 3. COLD CREEK SWAMP. BUCKS AND
AXIS. ALABAMA
IMPACT; On November 1, 1993, Region IV issued CERCLA
Section 122(a) Notice Letters to Akzo Chemicals, Inc., and
Zeneca, Inc., inviting these PRPs to submit a good faith
offer to perform the RD/RA for Operable Unit 3 (OU3), Cold
Creek Swamp (the Site), of the Stauffer Chemical (Cold Creek
and LeMoyne Plant) Sites.
BACKGROUND; Cold Creek Swamp, consists of approximately 650
acres of wetlands located twenty-five (25) miles north of
Mobile, Alabama. The Site is adjacent to two active
manufacturing complexes, the Cold Creek and LeMoyne Plants.
Wastewater discharges from the LeMoyne Plant are believed to
have contained mercury. Due to the discharges and the
movement of contaminated sediments, two twenty-five (25)
acre areas contain sediments and soils bearing high
concentrations of mercury. Additionally, receptor
organisms, including carnivorous fish and predatory
herptiles, sampled in 0U3 contained levels of mercury above
the recommended safe limit for ingestion by sensitive
species of birds.
The Region identified two (2) PRPs for 0U3. Akzo Chemicals,
Inc., and Zeneca, Inc., are each persons who arranged for
the disposal of the mercury found in the Site.
The presence of contaminants at the Site has generated
considerable interest among the Natural Resource Trustees.
-------
-5-
The Department of the Interior, the National Oceanic
Atmospheric Administration, and the Alabama Department of
Conservation and Natural Resources have each submitted
comments which reflect their belief that contamination at
the Site has significantly impacted natural resources.
The Notice Letters indicate that the PRPs may submit a good
faith offer within thirty (30) days, and if they do, the
moratorium will continue for sixty (60) additional days to
allow for negotiations.
CONTACT: Andrew J. Harrison, Jr.
CERCLA Branch
(404) 347-2641, extension 2264
SPECIAL NOTICE LETTERS ISSUED TO 40 PRPS FOR SECOND OPERABLE
UNIT AT THE SMITH'S FARM SITE. BULLIT COUNTY. KENTUCKY
IMPACT: On October 29, 1993, Special Notice letters, for a
second operable unit, were issued to 40 potentially
responsible parties (PRPs) at the Smith's Farm Site located
in Bullit County, Kentucky.
BACKGROUND: The first operable unit, at the Site,
encompasses 80 acres of a 460 acre farm which was used from
1955 to 1983 as an unpermitted waste dump. The second
operable unit, at the Site, operated as a permitted landfill
from 1974 to 1989 and consists of 37.5 acres. In March
1990, the Department of Justice brought a cost recovery
action against five of the PRPs at the Site to recovery past
costs expended by the Agency. PRPs completed a Remedial
Design and are conducting Remedial Action at the first
operable unit pursuant to a Unilateral Administrative Order.
In an attempt to settle a contribution suit brought by four
of the PRPs at the Site, parties recently completed non-
binding alternative dispute resolution.
CONTACT: Carlton M. Waterhouse
CERCLA Branch
(404) 347-2641, ext. 2281
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
-------
£5 Ti
£ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\ppo^ REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 5, 1993
SUBJECT: Weekly Report for the Week of November 1, 1993
^/bMdJuriLfirtep
FROM: Carol F. Baschon
Branch Chief
RCRA/Air Law Branch
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiation: None
7. Significant Administrative Actions:
ADMINISTRATIVE LAW JUDGE DENIES FLORIDA DEPARTMENT OF
TRANSPORTATION'S MOTION TO QUASH EPA'S INFORMATION REQUEST AND
MOTION FOR PROTECTIVE ORDER IN RCRA SECTION 3008fa^ ACTION
IMPACT: Administrative Law Judge Vanderheyden issued an Order
on October 26, 1993, denying the Florida Department of
Transportation's (FDOT) Motion to Quash EPA's Information
Request. The court ruled that EPA is not precluded by 40
C.F.R. Section 22.19(f) (the discovery provision in the
Consolidated Rules) from issuing information requests to a
defendant in a RCRA case following the filing of the complaint
or during the pendency of the action. The court refused to
quash EPA's information requests, which were issued pursuant
to Section 3007 of RCRA and Section 104(e) of CERCLA.
BACKGROUND: In August 1992, EPA filed a RCRA Section 3008(a)
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2
Complaint and Compliance Order against FDOT. The allegations
in the Complaint were based in part on information FDOT
submitted pursuant to EPA's 1991 Information Request Letter.
However, after EPA issued the Complaint, EPA determined that
FDOT had not submitted a complete response to the first
information request. Also, EPA had obtained new information
concerning additional potential violations by FDOT at their
facility and at a nearby landfill. In May 1993, EPA issued
its second Information Request to FDOT seeking additional
information relating to its activities at their facility and
the nearby landfill.
FDOT filed a Motion to quash and for Protective Order, arguing
that once EPA files a Section 3008 complaint, the only way it
can obtain additional information from a defendant is by
filing a motion for discovery under 40 C.F.R. § 22.19. The
court flatly rejected FDOT's arguments and held that under the
facts of this case, EPA could not be compelled to follow §
22.19 in lieu of issuing an Information Request. The Judge
ruled "EPA may issue demands for information pursuant to
Section 3007 during the pendency of a proceeding. Such a
request is not prosecutorial abuse."
CONTACT: Robert Caplan
CERCLA Branch
(404) 347-2641, Ext. 2239
8. Other Significant Events: None
9. Early Warning Items: None
10. Travel: None
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vito Sr«,
^Xia2 ? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
V. -r>
^pbo^0 REGION IV
345 COURTLAND STREET. N.E.
ENFORCEMENT ^GORFTOSN^3LAL
DATE:
SUBJECT:
FROM:
TO:
November 5, 1993
Weekly Report for the Week of 11/01/93 - 11/05/93
Rowland Heyward, Chief
Water Branch
John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected 1st Quarter Litigation Referrals: 3
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
ORDER GRANTING MOTION TO COMPEL DISCOVERY OF EPA PENALTY
CALCULATION ENTERED IN NORTHERN DISTRICT OF FLORIDA
Impact: In U.S. v. Port St. Joe Forest Products Co. et al.. the
U.S. District Court for the Middle District of Florida, Panama City
Division, entered an order, on October 19, 1993, granting in part
the motion of defendants to compel the production of certain
documents. While the court ruled that Plaintiff cannot be
compelled to reveal its bottom-line settlement figures, the Court
indicated that that the Government's figures for economic benefit,
the gravity of the alleged violations, and the models or programs
used to make these calculations are discoverable.
Region IV has expressed to the Office of Enforcement and Compliance
Assurance and to the Department of Justice its concerns relating to
the potential discoverability of EPA's gravity calculations.
Because of the national implications of this decision, the region
is looking to EPA Headquarters and DOJ to assist in bringing a
national perspective to this issue.
Background: This is a civil enforcement action brought against the
City of Port St. Joe, Florida (the City), Port St. Joe Forest
Products Co. (the Mill), and the State of Florida for alleged
violations of the federal Clean Water Act. Specifically, the
Government alleges that the City has violated the effluent
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- 2 -
parameters of its NPDES permit, and that the Mill has caused
interference and pass through of pollutants at the City's minicipal
wastewater treatment facilty. The purpose of the action is to
obtain an injunction against further violations of the CWA and an
appropriate civil penalty.
CONTACT: Stedman Southall
Water Branch
(404) 347-2309, ext. 2908
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: None
City of Port St. Joe. Florida Files Petition for Review with
Environmental Appeals Board
IMPACT: On Oct 25, 1993, the City of Port St. Joe filed a
Petition for Review pursuant to 40 C.F.R. Section 124.91.
The Petition requested review of what Port St. Joe contended
was a denial, by EPA, of the City's Request for an Evidentiary
Hearing on its 1990 NPDES permit. EPA is to prepare a
response to the Petition by December 10, 1993.
BACKGROUND: The City's request for a hearing was submitted in
1990. EPA has not issued a determination either granting or
denying the request. In September of 1993, EPA did withdraw
the permit that was the subject of the request. The
withdrawal enabled the City to submit new information
concerning its permit. The new draft permit has not yet been
issued as a final permit.
CONTACT: Craig Higgason
Water Branch
347-2309 X2915
CONSENT AGREEMENT AND ORDER ASSESSING ADMINISTRATIVE PENALTIES
UNDER NPDES ENTERED INTO BETWEEN REGION IV AND CITY OF
APPALACHICOLA. FLORIDA
IMPACT: On October 26, 1993, the Regional Administrator
executed a Consent Agreement in which the City of
Appalachicola (City) agreed to pay $10,000 as a penalty for
several violations of its NPDES permit. The City has also
been served with an Administrative Order under 309(a) of the
CWA which requires it to take several actions to correct the
violations of the permit.
BACKGROUND: The City operates a wastewater treatment facility
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(facility) which discharges pollutants to waters ox tne uniteu
States. The facility's discharges exceeded the permitted
limitations for ammonia, biochemical oxygen, suspended solids
and fecal coliform.
CONTACT: Mindy C. Waitsman
Water Branch
(404) 347-2309 ext. 2919
8. Other Significant Events: None
9. Early Warning Items: None
10. Travel/Leave: None
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i " \
I O UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REG,ON IV
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 15, 1993
SUBJECT: Weekly Report for the Week of 11/08/93^11/12/93
FROM: ^!John R. Barker ^ ^ l/f.
/} Regional Counsel
THRU: Patrick M. Tobin
Acting Regional Administrator, Region IV
TO: Steven A. Herman
Assistant Administrator for Enforcement (2211)
ATTN: Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: 9
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations:
CERCLA CONSENT DECREE ENTERED IN U.S. V. OTTO SKIPPER.
ET AL.
IMPACT: On October 21, 1993, a CERCLA Consent Decree was
entered in the Eastern District of North Carolina resolving
the liability of the McLambs and Investors Management
Corporation (IMC) with respect to the Potter's Pit Site.
The decree compromises more than 50% of the total past and
future costs. EPA's past costs total $1,822,477, while
projected future costs total $10,000,000. Within thirty
days of entry of the decree, the McLambs, who are also the
sole representatives of the now defunct IMC, will pay a lump
sum of $230,000 to resolve their liability and the liability
of IMC.
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2
BACKGROUND: The Potter's Pit Site consists of a five-acre
area located in Brunswick County, North Carolina. From
1969 to 1976, the Skipper family used the property to
dispose of septic tank sludge, oil sludge, creosote, and
other waste materials. The McLambs, IMC, the Cains, and the
Andersons held title to the property at various times and
developed it for residential use. After the property was
subdivided and sold by lots, residents discovered the buried
contamination and on March 31, 1989, the government filed a
complaint pursuant to Section 107(a) of CERCLA against Otto
Skipper, the McLambs, the Cains, the Andersons, and IMC. A
default judgement was entered against Otto Skipper. Earlier
this year, the Cains and Andersons also settled with the
government through a Consent Decree. The decree involving
the McLambs and IMC was lodged on July 16, 1993.
CONTACT: Zylpha Pryor-Bell
RCRA/Air Branch
(404) 347-2641, Ext. 2125
7. Significant Administrative Actions:
CERCLA RECORD OF DECISION SIGNED BY RA FOR CEDARTOWN
MUNICIPAL LANDFILL NPL SITE. CEDARTOWN. GEORGIA
IMPACT: The Acting Regional Administrator on November 2,
1993, signed the Record of Decision (ROD) for the Cedartown
Municipal Landfill NPL Site (the Site). The ROD provides
for institutional controls and monitoring, with a contingent
remedy including pump and treat in the event sampling
indicates that natural attenuation is not eliminating the
risks from the Site to local groundwater. Contaminants of
concern include several inorganics, with the contingent
remedy being risk-driven by the presence of manganese in
groundwater. EPA representatives met with prominent city
leaders on October 28 to hear their concerns regarding the
effect of the remedy on future industrial development for
the area.
BACKGROUND: Cedartown, Georgia, is a small town of about
8,000 residents some.70 miles northwest of Atlanta. The
town includes three NPL Sites. The municipal landfill is an
old iron mining site, the pits of which were used in the
60's and 70's for disposal of municipal and industrial
wastes. Cedartown is known for its spring, which provides
all the drinking water for the city and is notable for its
excellent quality. Concerns about possible contamination of
that drinking water source spurred the listing of this Site.
CONTACT: Melissa Allen Heath
CERCLA Branch
(404) 347-2641, Ext. 2267
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3
CERCLA UNILATERAL ADMINISTRATIVE ORDER ISSUED AGAINST 56
LARGE QUANTITY GENERATORS TO CONDUCT REMOVAL ACTIVITIES AT
THE JONES TIRE & BATTERY SUPERFUND SITE IN BIRMINGHAM.
ALABAMA
IMPACT: On November 2, 1993, Region IV issued an unilateral
administrative order pursuant to section 106 of CERCLA
against 56 PRPs, each of whom sent over 750,000 pounds of
spent lead batteries to the Jones Tire and Battery Site in
Birmingham, Alabama. The order requires the respondents to
complete removal activities at the Site.
BACKGROUND; The 3 acre Site is located in Birmingham,
Alabama, in a residential area and comprises the former
battery cracking facility owned and operated by Gene T.
Jones Tire and Battery Distributors, Inc. (Company). The
respondents sent spent lead batteries to the Site or
otherwise arranged for the disposal of the spent lead
batteries at the Site.
When the Company ceased operating in July of 1991, it left
numerous piles of lead batteries in various stages of the
decasing operation in uncovered and covered storage areas.
In addition, two large waste piles containing lead
contaminated soils, two pits containing lead bearing sludge
and waste water, and pits containing battery acid were
discovered on the Site. EPA initiated a response action
removing batteries, battery plates and groups, and battery
acid, neutralizing and solidifying acid sludge and
excavating and stockpiling contaminated soil.
Approximately 15,000 cubic yards of lead contaminated soil
and debris has been excavated from the facility and another
15,000 cubic yards of contaminated soil has been excavated
from the surrounding residential properties. This waste has
been stockpiled at the Site awaiting disposal by PRPs
pursuant to the UAO.
CONTACT: Andrea Madigan
CERCLA Branch
(404) 347-2641, Ext. 2284
ENVIRONMENTAL APPEALS BOARD ISSUES DECISION ON APPEAL OF
LAIDLAW ENVIRONMENTAL SERVICES. THERMAL OXIDATION CORP..
INC.. (TOCl INCINERATOR PERMIT
IMPACT; On October 26, 1993, the Environmental Appeals
Board (EAB) issued an order which denied a petition for
review, filed jointly by five citizens, of the metals feed
rate conditions included in a permit modification issued to
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4
TOC. In its order, the EAB remanded the provisions of this
permit modification which were designed to limit TOC's use
of its thermal relief stacks to release emissions that
bypass its air pollution control equipment.
BACKGROUND: On March 12, 1992, Region IV modified a permit
originally issued to TOC on September 30, 1988, under the
Hazardous and Solid Waste Act Amendments of RCRA, for TOC's
liquid injection incinerator in Roebuck, South Carolina.
The metals feed rates of the initial 1988 permit, which the
Region issued pursuant to the Agency's Section 3005(c)(3)
omnibus authority, were stayed on September 4, 1990, by the
United States Court of Appeals for the Fourth Circuit. The
stay order, which the Fourth Circuit issued before reaching
the merits of the appeal, directed TOC to conduct a trial
burn to demonstrate the efficiency of its air pollution
control equipment. TOC conducted the trial burn and
demonstrated to the Region that it could burn at metals feed
rates greater than those included in its initial 1988 permit
without its metals emissions exceeding ambient health based
limits. It is these metals feed rates that the five
citizens of Roebuck appealed to the EAB.
Should the citizens not appeal the EAB decision to the
Fourth Circuit, the initial litigation with the facility
will be resolved. To complete the permitting process, the
Region will then only have to reopen the modification, as
directed by the EAB, to incorporate TRS operating conditions
which the Region determines are necessary to protect human
health and the environment and which are consistent with the
TRS changes which the Region has already approved in
accordance with the Fourth Circuit's stay order.
CONTACT: Wayne Lee
CERCLA Branch
(404) 347-2641, Ext. 2234
NORTH CAROLINA FIRST STATE GRANTED PHASE FIVE PRIMARY
ENFORCEMENT AUTHORITY FOR NEW DRINKING WATER RULE:
IMPACT: Region IV has granted North Carolina's Public Water
System Supervision Program primary enforcement authority for
the regulation of the 22 chemicals in Phase Five of
regulations promulgated under the Safe Drinking Water Act
(SDWA). North Carolina was notified of this authority on
October 14, 1993 and, thereby, became the first state to
receive such authority from the EPA.
BACKGROUND: North Carolina was granted primary enforcement
responsibility for its state-wide program on March 20, 1980.
On July 17, 1992, the EPA issued the standards to limit
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5
drinking water contamination by 22 additional chemicals, and
North Carolina subsequently revised its program to include
the new standards.
The SDWA authorizes the EPA to grant the states the primary
enforcement authority to administer state-wide, public water
system supervision programs. The regulations establish
maximum contamination levels, which must not be exceeded in
drinking water delivered by public water systems. They also
specify the monitoring requirements for chemicals, such as
pesticides, inorganic chemicals and synthetic organic
chemicals.
CONTACT: William Jones
Water Branch
(404) 347-2309, Ext. 2903
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
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2
SB;
r5*
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 12, 1993
SUBJECT: Weekly Report for the Week of 11/08/93 - 11/12/93
FROM: Phyllis P. Harris, Chief
CERCLA Branch
TO
John R. Barker
Regional Counsel
1. Projected Litigation Referrals for the 1st Quarter: Five
2. Cases Referred to DOJ This Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: One
CERCLA CONSENT DECREE ENTERED IN U.S. v. OTTO SKIPPER. ET
AL.
IMPACT: On October 21, 1993, a CERCLA Consent Decree was
entered in the Eastern District of North Carolina resolving
the liability of the McLambs and Investors Management
Corporation (IMC) with respect to the Potter's Pit Site.
The decree compromises more than 50% of the total past
and future costs. EPA's past costs total $1,822,477, while
projected future costs total $10,000,000. Within thirty
days of entry of the decree, the McLambs, who are also the
sole representatives of the now defunct IMC, will pay a
lump sum of $230,000 to resolve their liability and the
liability of IMC.
BACKGROUND; The Potter's Pit Site consists of a five-acre
area located in Brunswick County, North Carolina. From
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-2-
1969 to 1976, the Skipper family used the property to
dispose of septic tank sludge, oil sludge, creosote, and
other waste materials. The McLambs, IMC, the Cains, and
the Andersons held title to the property at various times
and developed it for residential use. After the property
was subdivided and sold by lots, residents discovered the
buried contamination and on March 31, 1989, the government
filed a complaint pursuant to Section 107(a) of CERCLA
against Otto Skipper, the McLambs, the Cains, the Andersons,
and IMC. A default judgement was entered against
Otto Skipper. Earlier this year, the Cains and Andersons
also settled with the government through a Consent Decree.
The decree involving the McLambs and IMC was lodged on
July 16, 1993.
CONTACT; Zylpha Pryor-Bell
RCRA/Air Branch
347-2641 extension 2125
7. Significant Administrative Actions: Two
CERCLA RECORD OF DECISION SIGNED BY RA FOR CEDARTOWN
MUNICIPAL LANDFILL NPL SITE. CEDARTOWN, GEORGIA
IMPACT: The Acting Regional Administrator on November 2,
1993, signed the Record of Decision (ROD) for the Cedartown
Municipal Landfill NPL Site (the Site). The ROD provides
for institutional controls and monitoring, with a contingent
remedy including pump and treat in the event sampling
indicates that natural attenuation is not eliminating the
risks from the Site to local groundwater. Contaminants of
concern include several inorganics, with the contingent
remedy being risk-driven by the presence of manganese in
groundwater. EPA representatives ipet with prominent city
leaders on October 28 to hear their concerns regarding the
effect of the remedy on future industrial development for
the area.
BACKGROUND: Cedartown, Georgia, is a small town of about
8,000 residents some 70 miles northwest of Atlanta. The
town includes three NPL Sites. The municipal landfill is an
old iron mining site, the pits of which were used in the
60's and 70's for disposal of municipal and industrial
wastes. Cedartown is known for its spring, which provides
all the drinking water for the city and is notable for its
excellent quality. Concerns about possible contamination of
that drinking water source spurred the listing of this Site.
CONTACT; Melissa Allen Heath
CERCLA Branch
347-2641 extension 2267
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CERCIA UNILATERAL ADMINISTRATIVE ORDER ISSUED AGAINST 56
LARGE QUANTITY GENERATORS TO CONDUCT REMOVAL ACTIVITIES AT
THE JONES TIRE & BATTERY SUPBRFUND SITE IN BIRMINGHAM.
ALABAMA
IMPACT; On November 2, 1993, Region IV issued an unilateral
administrative order pursuant to section 106 of CERCLA
against 56 PRPs, each of whom sent over 750,000 pounds of
spent lead batteries to the Jones Tire and Battery Site in ;
Birmingham, Alabama. The order requires the respondents to
complete removal activities at the Site.
BACKGROUND: The 3 acre Site is located in Birmingham,
Alabama, in a residential area and comprises the former
battery cracking facility owned and operated by Gene T.
Jones Tire and Battery Distributors, Inc. ("Company").
The respondents sent spent lead batteries to the Site or
otherwise arranged for the disposal of the spent lead
batteries at the Site.
When the Company ceased operating in July of 1991, it left
numerous piles of lead batteries in various stages of the
decasing operation in uncovered and covered storage areas.
In addition, two large waste piles.containing lead
contaminated soils, two pits containing lead bearing sludge
and waste water, and pits containing battery acid were
discovered on the Site. EPA initiated a response action
removing batteries, battery plates and groups, and battery
acid, neutralizing and solidifying acid sludge and
excavating and stockpiling contaminated soil.
Approximately 15,000 cubic yards of lead contaminated soil
and debris has been excavated from the facility and another
15,000 cubic yards of contaminated soil has been excavated
from the surrounding residential properties. This waste has
bee~n stockpiled at the Site awaiting disposal by PRPs
pursuant to the UAO.
CONTACT: Andrea Madigan
CERCLA Branch
(404) 347-2641, extension 2284
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
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H ri
s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 12, 1993
SUBJECT: Weekly Report for the Week of November 8, 1993
FROM: Carol F. Baschon
Branch Chief ' '
RCRA/Air Law Branch
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiation: None
7. Significant Administrative Actions:
ENVIRONMENTAL APPEALS BOARD ISSUES DECISION ON APPEAL OF
LAIDLAW ENVIRONMENTAL SERVICES. THERMAL OXIDATION CORP.. INC.
fTOC) INCINERATOR PERMIT
IMPACT: On October 26, 1993, the Environmental Appeals Board
(EAB) issued an order which denied a petition for review,
filed jointly by five citizens, of the metals feed rate
conditions included in a permit modification issued to TOC.
In its order, the EAB remanded the provisions of the permit
modification which were designed to limit TOC's use of its
thermal relief stacks to release emissions that bypass its air
pollution control equipment.
BACKGROUND: On March 12, 1992, Region IV modified a permit
originally issued to TOC on September 30, 1988, under the
Hazardous and Solid Waste Act Amendments of RCRA, for TOC's
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2
liquid injection incinerator in Roecucic, soutn Carolina. i'ne
metals feed rates of the initial 1988 permit, which the Region
issued pursuant to the Agency's Section 3005(c)(3) omnibus
authority, were stayed on September 4, 1990, by the United
States Court of Appeals for the Fourth Circuit. The stay
order, which the Fourth Circuit issued before reaching the
merits of the appeal, directed TOC to conduct a trial burn to
demonstrate the efficiency of its air pollution control
equipment. TOC conducted the trial burn and demonstrated to
the Region that it could burn at metals feed rates greater
than those included in its initial 1988 permit without its
metals emissions exceeding ambient health based limits. It is
these metals feed rates that the five citizens of Roebuck
appealed to the EAB.
Should the citizens not appeal the EAB decision to the Fourth
Circuit, the initial litigation with the facility will be
resolved. To complete the permitting process, the Region will
then only have to reopen the modification, as directed by the
EAB, to incorporate TRS operating conditions which the Region
determines are necessary to protect human health and the
environment and which are consistent with the TRS changes
which the Region has already approved in accordance with the
Fourth Circuit's stay order.
CONTACT: Wayne Lee
CERCLA Branch
(404) 347-2641 Ext. 2234
8. Other Significant Events: None
9. Early Warning Items: None
10. Travel: None
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,5322/
4/ -1SV
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
DATE:
November 12, 1993
SUBJECT: Weekly R 11/08/93 - 11/12/93
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected 1st Quarter Litigation Referrals: 3
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions:
NORTH CAROLINA FIRST STATE GRANTED PHASE FIVE PRIMARY
ENFORCEMENT AUTHORITY FOR NEW DRINKING WATER RULE;
IMPACT: Region IV has granted North Carolina's Public Water
System Supervision Program primary enforcement authority for
the regulation of the 22 chemicals in Phase Five of
regulations promulgated under the Safe Drinking Water Act
(SDWA). North Carolina was notified of this authority on
October 14, 1993 and, thereby, became the first state to
receive such authority from the EPA.
BACKGROUND: North Carolina was granted primary enforcement
responsibility for its state-wide program on March 20, 1980.
On July 17, 1992, the EPA issued the standards to limit
drinking water contamination by 22 additional chemicals, and
North Carolina subsequently revised its program to include
the new standards.
FROM:
Rowland
Water Br
TO
John R. Barker
Regional Counsel
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2
The SDWA authorizes the EPA to grant the states the primary
enforcement authority to administer state-wide, public water
system supervision programs. The regulations establish
maximum contamination levels,.which must not be exceeded in
drinking water delivered by public water systems. They also
specify the monitoring requirements for chemicals, such as
pesticides, inorganic chemicals and synthetic organic
chemicals.
CONTACT: William Jones
Water Branch
404-347-2309 x 2903
8. Other Significant Events: None
9. Early warning Items: None
10.
Travel/Leave: None
-------
^i0sr%.
USE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 22, 1993
SUBJECT: Weekly Report for the Week of 11/15/93-11/19/93
FROM: j^John R. Barker *f/, "/?,
Regional Counsel
THRU: Patrick M. Tobin
Acting Regional Administrator, Region IV
TO: Steven A. Herman
Assistant Administrator for Enforcement (2211)
ATTN: Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: 9
2. Cases Referred to DOJ this week: None
REGION SEEKS DOJ ASSISTANCE IN OBTAINING ACCESS TO THE SAAD
TROUSDALE ROAD SITE (NASHVILLE TENNESSEE)
IMPACT: On November 8, 1993, Region IV transmitted a
referral to the Department of Justice seeking an Order in
Aid of Immediate Access for the purpose of continuing and
concluding a removal action at the Saad Trousdale Road Site.
The Agency is also requesting that the owners of the Site
property, Ellis and Kathy Saad (the Saads), be enjoined from
interfering with the removal action and that civil penalties
be sought from the Saads for non-compliance with a
previously issued unilateral order for access.
BACKGROUND: The Saad Trousdale Road Site is located in
Nashville Tennessee, and was formerly operated by Ellis Saad
and others as a waste oil reclamation facility. Results of
EPA sampling indicate the presence of ethylbenzene, toluene,
methylene chloride, xylene, PCBs, lead, and cadmium in the
ground water and the soil. Since April 1990, removal work
has been ongoing on the Site pursuant to two consecutive
AOCs negotiated with different PRP groups for the Site.
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2
Until April 1993, consensual access had been granted by the
Saads for this work to be conducted. Since April 1993, the
Saads, who are also PRPs for the Site, have refused to grant
access to the PRPs or EPA, despite numerous efforts to
obtain further access. On April 13, 1993, EPA executed a
Unilateral Administrative Order for Access to the Saads. To
date, the Saads have failed to comply with the order.
CONTACT: Wilda Cobb
CERCLA Branch
(404) 347-2641, Ext. 2277
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations:
7. Significant Administrative Actions:
ALJ RULES ON CROSS-MOTIONS FOR SUMMARY DETERMINATION ON
LIABILITY AGAINST ANHEUSER-BUSCH. INC.. IN NPDES
ADMINISTRATIVE PENALTY ACTION
IMPACT: In an Order dated November 9, 1993, EPA prevailed
in one of its two Cross-Motions on Liability in a Class I
NPDES Administrative penalty action against Anheuser-Busch,
Inc. (ABI). The Court denied both of ABI's Motions for
Summary Determinations on Liability, and denied EPA's
additional Motion for Summary Determination.
BACKGROUND: EPA filed two separate Class I Clean Water Act
Administrative penalty actions against ABI, Docket Numbers
CWA-IV-93-509 and CWA-IV-93-522. The two actions alleged
separate instances of unpermitted discharges of wastewaters
to waters of the United States from ABI's Jacksonville,
Florida facility. Upon ABI's Motion, these two separate
matters were consolidated on October 26, 1993. EPA and ABI
filed Cross-Motions for Summary Determination on Liability.
ABI asserted the defenses of upset and by-pass. EPA
countered that ABI's incidents were unpermitted discharges
and that the defenses of upset and by-pass were not
applicable.
CONTACT: Stedman S. Southall
Water Branch
(404) 347-2309, Ext. 2908
8. Other Significant Events: None
-------
3
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
-------
a**0 Sr«*
r' _
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
\ ,tov REGION IV
«t ppo^
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 19, 1993
SUBJECT: Weekly Report for the Week of 11/15/93 - 11/19/93
FROM: Phyllis P. Harris, Chief
CERCLA Branch ;'n
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals for the 1st Quarter: Five
2. Cases Referred to DOJ This Week: One
REGION SEEKS DOJ ASSISTANCE IN OBTAINING ACCESS TO THE SAAD
TROUSDALE ROAD SITE (NASHVILLE TENNESSEE1
IMPACT: On November 8, 1993, Region IV transmitted a
referral to the Department of Justice seeking an Order in
Aid of Immediate Access for the purpose of continuing and
concluding a removal action at the Saad Trousdale Road Site.
The Agency is also requesting that the owners of the Site
property, Ellis and Kathy Saad (the Saads), be enjoined from
interfering with the removal action and that civil penalties
be sought from the Saads for non-compliance with a
previously issued unilateral order for access.
BACKGROUND; The Saad Trousdale Road Site is located in
Nashville Tennessee, and wa.s formerly operated by Ellis Saad
and others as a waste oil reclamation facility. Results of
EPA sampling indicate the presence of ethylbenzene, toluene,
methylene chloride, xylene, PCBs, lead, and cadmium in the
ground water and the soil. Since April 1990, removal work
has been ongoing on the Site pursuant to two consecutive
AOCs negotiated with different PRP groups for the Site.
Until April 1993, consensual access had been granted by the
Saads for this work to be conducted. Since April 1993, the
-------
-2-
conducted. Since April 1993, the Saads, who are also PRPs
for the Site, have refused to grant access to the PRPs or
EPA, despite numerous efforts to obtain further access. On
April 13, 1993, EPA executed a Unilateral Administrative
Order for Access to the Saads. To date, the Saads have
failed to comply with the order.
CONTACT; Wilda Cobb
CERCLA Branch
(404) 347-2641 ext. 2277
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: None
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
November 19, 1993
Weekly Report for the Week of 11/15/93 - 11/19/93
Rowland Heyward, Chieffoffl
Water Branch [/I I
John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected 1st Quarter Litigation Referrals: One
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: None
EPA PREVAILS ON CROSS-MOTION FOR SUMMARY DETERMINATION ON
LIABILITY AGAINST ANHEUSER-BUSCH. INC. IN NPDES
ADMINISTRATIVE PENALTY ACTION
IMPACT: In an Order dated November 9, 1993, EPA prevailed
in one of its Cross-Motions on Liability in a Class I NPDES
Administrative penalty action against Anheuser-Busch, Inc.
(ABI). The Court denied both of ABI's Motions for Summary
Determination on Liability, and denied EPA's additional
Motion for Summary Determination.
BACKGROUND: EPA filed two separate Class I Clean Water Act
Administrative penalty actions against ABI, Docket Numbers
CWA-IV-93-509 and CWA-IV-93-522. The two actions alleged
separate instances of unpermitted discharges of wastewaters
to waters of the United States from ABI's Jacksonville,
Florida facility. Upon ABI's Motion, these two separate
matters were consolidated on October 26, 1993. EPA and ABI
vY^ » <\<
<•*, J
"l PRQlt0
DATE:
SUBJECT:
FROM:
TO:
-------
2
filed Cross-Motions for Summary Determination on Liability.
ABI asserted the defenses of upset and by-pass in support of
its Motions. EPA countered that ABI's incidents were
unpermitted discharges and that the defenses of upset and
by-pass were not applicable.
CONTACT: Stedman S. Southall
Water Law Branch
404-347-2309 x2908
8. Other Significant Events:
9. Early Warning Items:
10. Travel/Leave:
-------
i
a UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
USB,
REGION IV
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: November 29, 1993
SUBJECT: Weekly Report for the Week of 11/22^93-11/26/93
FROM: ^^ohn R. Barker
V Regional Counsel
THRU: Patrick M. Tobin
Acting Regional Administrator, Region IV
TO: Steven A. Herman
Assistant Administrator for Enforcement (2211)
ATTN: Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: 9
2. Cases Referred to DOJ this week:
EPA REFERS CONSENT ORDER TO DOJ FOR FILING IN THE CAROLINA
PRODUCTION FINISHING BANKRUPTCY MATTER
IMPACT: On November 10, 1993, EPA referred a proposed
Consent Order and Stipulations to DOJ for filing in the In
Re: Philip and Catherine Celestin bankruptcy matter. This
Consent Order, entered into between the United States, the
debtors, and NCNB National Bank of North Carolina (NCNB), a
secured creditor, settles a dispute regarding United States'
priority status in the proceeding. Under the terms of the
agreement, EPA is to receive eighty percent of the proceeds
from the sale or lease of the property that was formerly the
site of the removal action. The secured creditor is to
receive the remaining twenty percent.
BACKGROUND: On February 17, 1988, EPA completed its removal
action at the Carolina Production Finishing Site in
Asheville, North Carolina. The removal action, necessary to
address releases from former electroolatina operations.
-------
2
involved the expenditure of approximately $702,402.00. On
April 2, 1987, the property owners and former operators, the
only identified PRPs, filed for Chapter 11 bankruptcy in the
U.S Bankruptcy Court for the Western District of North
Carolina, Asheville Division. DOJ, on behalf of EPA, filed
a notice of appearance in October, 1988. DOJ subsequently
filed a motion for determination by the court that the
United States' administrative expenses were entitled to
first priority status. NCNB, a secured creditor, objected
to United States' motion, and, in lieu of a hearing, this
Consent Order is being entered into between the parties.
EPA has not taken any further response actions at the Site.
CONTACT; Peter Raack
CERCLA Branch
(404) 347-2641, Ext. 2243
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations:
AMENDMENT TO CONSENT DECREE FOR SHERWOOD MEDICAL SUPERFUND
SITE LODGED IN DISTRICT COURT. MIDDLE DISTRICT OF FLORIDA.
ORLANDO
IMPACT; On October 4, 1993, an Amendment to the Consent
Decree (Amendment) for the Sherwood Medical Superfund Site
(the Site) was lodged with the United States District Court
for the Middle District of Florida, Orlando Division. Under
the Amendment, Sherwood Medical Company (Sherwood) will
perform the remedial action set forth in the final Record of
Decision Operable Unit One (Final ROD) and pay all past
costs and oversight costs incurred by EPA.
BACKGROUND; The Sherwood Medical Superfund Site, located in
Deland, Volusia County, Florida, was proposed for inclusion
on the National Priorities List (NPL) in December 1982. In
October 1987, Sherwood entered into an Administrative Order
on Consent to perform a Remedial Investigation/Feasibility
Study (RI/FS) at the Site. Prior to the completion of the
RI/FS, EPA and Florida Department of Environmental
Protection (FDEP) recommended that Interim Remedial Measures
be taken to prevent the contaminated water in the surficial
aquifer from migration off-site.
EPA executed an Interim Action Record of Decision (Interim
ROD) on March 27, 1991. Sherwood agreed to conduct the
remedial action set forth in the Interim ROD under a Consent
-------
3
Decree executed by Region IV on July 24, 1991 (Original
Consent Decree). Pursuant to the Interim ROD, and the
Original Consent Decree, Sherwood constructed a system for
pumping the groundwater in the surficial aquifer.
The Final ROD requires continued operation of the pump and
treat system, and establishes the performance standards for
groundwater and institutional controls. The Amendment to
the Consent Decree will incorporate these requirements into
the existing Consent Decree.
CONTACT: Wilda W. Cobb
CERCLA Branch
(404) 347-2641, Ext. 2236
7. Significant Administrative Actions:
REGION IV ISSUES 1221a) NOTICE LETTERS FOR THE PLYMOUTH
AVENUE LANDFILL SITE
IMPACT: On November 22, 1993, Region IV sent notice,
pursuant to Section 122(a) of CERCLA to Volusia County,
Florida, and Brunswick Corporation of their potential
liability under Section 107(a) of CERCLA for contamination
at the Plymouth Avenue Landfill Site (the Site) in Deland,
Volusia County, Florida. In that letter Volusia County and
Brunswick were offered the opportunity to conduct and/or
finance an Engineering Evaluation/Cost Analysis (EE/CA) to
determine the nature and extent of contamination at the
Site. The Region has received oral acknowledgment from the
PRPs that they intend to conduct the EE/CA pursuant to an
administrative order by consent to be negotiated with Region
IV during the next 60 days.
BACKGROUND; The Site is situated on a 131-acre tract
located approximately three miles Northwest of downtown
Deland, Florida. The Site has been operated by Volusia
County as a municipal landfill. From 1978 until 1988, a
portion of the Site was used for disposal of high-nitrate
and high-sulfate sludges, generated by Brunswick
Corporation. The Contamination Assessment Report prepared
by Volusia County for the Site documents the existence of a
plume of contamination in groundwater in the area of the
Site. Site conditions and contamination, including site
hydrology, will be investigated as part of the EE/CA, which
is to be conducted for purposes of determining the non-time
critical removal action response most appropriate for the
-------
4
Site, as contemplated under the Superfund Accelerated
Cleanup Model. The Site is currently being evaluated to be
placed on the National Priorities List.
CONTACT: Reuben Bussey
CERCLA Branch
(404) 347-2641, Ext. 2277
EPA AND BSC STEEL. INC.. ENTER INTO CONSENT AGREEMENT FINAL
ORDER IN RCRA S 3008(A) ACTION. FILED IN 1991 EXPORT CLUSTER
IMPACT: BSC Steel, Inc., (BSC), a facility located in
Flowood, Mississippi, agreed to pay a penalty of $10,000 for
failure to comply with provisions of RCRA and its
implementing regulations related to the exportation of
hazardous waste.
BACKGROUND: BSC owns and operates a manufacturing plant
including a steel mill located in Flowood, Mississippi. As
part of the 1991 export cluster filing, Region IV issued a
Complaint and Compliance Order to BSC alleging that BSC
violated RCRA § 3017(g), 42 U.S.C. § 6938(g), and 40 C.F.R.
§ 262.56 by failing to submit an Annual Report of hazardous
waste exports. BSC admitted the allegations in the
Complaint and ultimately agreed to pay a $10,000.00 penalty.
CONTACT: Beth Davis
CERCLA Branch
(404) 347-2641, Ext. 2283
EPA AND R&D PRODUCTS. INC.. ENTER INTO CONSENT AGREEMENT
FINAL ORDER IN RCRA S 3008(A) ACTION. FILED IN 1992 ILLEGAL
OPERATOR INITIATIVE
IMPACT: R&D Products, Inc. (R&D), a facility located in
Chattanooga, Tennessee, agreed to pay a penalty of $10,000
for failure to comply with provisions of RCRA and its
implementing regulations.
BACKGROUND; R&D owns and operates a facility located in
Chattanooga, Tennessee, which blends and repackages soaps,
brighteners, and other materials. EPA issued a Complaint
and Compliance Order to R&D, alleging that R&D had violated
RCRA § 3005(e)(1) and 40 C.F.R. §§ 265.13(a)(1), 265.51,
265.73(a), 265.74(a), 265.143, and 365.31. In response to
the allegations in the Complaint, R&D agreed to a schedule
of compliance and payment of a $10,000 penalty.
CONTACT: Beth Davis
CERCLA Branch
(404) 347-2641, Ext. 2283
-------
5
8. Other Significant Events:
PUBLIC HEARING HELD FOR CHEVRON OUTER CONTINENTAL SHELF
PERMIT
IMPACT: On November 3, 1993, EPA Region IV held a public
hearing in Pensacola, Florida, concerning a draft Outer
Continental Shelf (OCS) air permit for Chevron Oil. Chevron
is seeking a permit to build a natural gas exploration well
about 29 miles off the coast of Florida.
BACKGROUND: On September 4, 1992, EPA promulgated new
regulations at 40 C.F.R. Part 55 establishing requirements
to control air pollution from OCS sources located in the
eastern part of the Gulf of Mexico. Chevron's draft permit
requires the gas exploration platform to meet the same air
quality standards that a minor source onshore in Florida
would be subject to, including the emissions from marine
vessels serving the platform. The OCS permit program may be
delegated to the state, but the first such permit off any
state shores must be issued by EPA.
The November 3, 1993, hearing had approximately 65 attendees
at the afternoon session, and over 300 attendees in the
evening. The public comment period on the Chevron OCS
permit closed on November 8, 1993. Region IV expects to
review all comments and publish its decision on issuing the
permit by mid-December.
CONTACT: Alan Dion
RCRA/Air Branch
(404) 347-2335, Ext. 2131
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
-------
<\s>
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE :
November 29, 1993
SUBJECT: Weekly Report for the Week of 11/22/93 - 11/26/93
1. Projected Litigation Referrals for the 1st Quarter: Five
2. Cases Referred to DOJ This Week: One
EPA REFERS CONSENT ORDER TO DOJ FOR FILING IN THE CAROLINA
PRODUCTION FINISHING BANKRUPTCY MATTER
IMPACT: On November 10, 1993, EPA referred a proposed
Consent Order and Stipulations to DOJ for filing in the In
Re: Philip and Catherine Celestin bankruptcy matter. This
Consent Order, entered into between the United States, the
debtors, and NCNB National Bank of North Carolina (NCNB), a
secured creditor, settles a dispute regarding United States'
priority status in the proceeding. Under the terms of the
agreement, EPA is to receive eighty percent of the proceeds
from the sale or lease of the property that was formerly the
site of the removal action. The secured creditor is to
receive the remaining twenty percent.
BACKGROUND: On February 17, 1988, EPA completed its removal
action at the Carolina Production Finishing Site in
Asheville, North Carolina. The removal action, necessary to
address releases from former electroplating operations,
involved the expenditure of approximately $7 02,402.00. On
April 2, 1987, the property owners and former operators, the
only identified PRPs, filed for Chapter 11 bankruptcy in the
FROM:
Phyllis P. Harris,
CERCLA Branch
TO:
John R. Barker
Regional Counsel
-------
-2-
U.S Bankruptcy Court for the Western District of North
Carolina, Asheville Division. DOJ, on behalf of EPA, filed
a notice of appearance in October, 1988. DOJ subsequently-
filed a motion for determination by the court that the
United States' administrative expenses were entitled to
first priority status. NCNB, a secured creditor, objected
to United States' motion, and, in lieu of a hearing, this
Consent Order is being entered into between the parties.
EPA has not taken any further response actions at the Site.
CONTACT; Peter Raack
Assistant Regional Counsel
(404) 347-2641, ext. 2243
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: One
AMENDMENT TO CONSENT DECREE FOR SHERWOOD MEDICAL SUPERFUND
SITE LODGED IN DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA.
ORLANDO
IMPACT: On October 4, 1993, an Amendment to the Consent
Decree (Amendment) for the Sherwood Medical Superfund Site
(the Site) was lodged with the United States District Court
for the Middle District of Florida, Orlando Division. Under
the Amendment, Sherwood Medical Company (Sherwood) will
perform the remedial action set forth in the final Record of
Decision Operable Unit One (Final ROD) and pay all past
costs and oversight costs incurred by EPA.
BACKGROUND: The Sherwood Medical Superfund Site, located in
Deland, Volusia County, Florida, was proposed for inclusion
on the National Priorities List (NPL) in December 1982 . In
October 1987, Sherwood entered into an Administrative Order
on Consent to perform a Remedial Investigation/Feasibility
Study (RI/FS) at the Site. Prior to the completion of the
RI/FS, EPA and Florida Department of Environmental
Protection (FDEP) recommended that Interim Remedial Measures
be taken to prevent the contaminated water in the surficial
aquifer from migration off-site.
EPA executed an Interim Action Record of Decision (Interim
ROD) on March 27, 1991. Sherwood agreed to conduct the
remedial action set forth in the Interim ROD under a Consent
Decree executed by Region IV on July 24, 1991 (Original
Consent Decree). Pursuant to the Interim ROD, and the
-------
-3-
Original Consent Decree, Sherwood constructed a system for
pumping the groundwater in the surficial aquifer.
The Final ROD requires continued operation of the pump and
treat system, and establishes the performance standards for
groundwater and institutional controls. The Amendment to
the Consent Decree will incorporate these requirements into
the existing Consent Decree.
CONTACT: Wilda W. Cobb
Assistant Regional Counsel
(404) 347-2641, ext. 2236
7. Significant Administrative Actions: One
REGION IV ISSPES 122(a) NOTICE LETTERS FOR THE PLYMOUTH
AVENUE LANDFILL SITE
IMPACT: On November 22, 1993, Region IV sent notice,
pursuant to Section 122 (a) of CERCLA to Volusia County,
Florida, and Brunswick Corporation of their potential
liability under Section 107(a) of CERCLA for contamination
at the Plymouth Avenue Landfill Site (the Site) in Deland,
Volusia County, Florida. In that letter Volusia County
and Brunswick were offered the opportunity to conduct
and/or finance an Engineering Evaluation/Cost Analysis
(EE/CA) to determine the nature and extent of contamination
at the Site. The Region has received oral acknowledgment
from the PRPs that they intend to conduct the EE/CA pursuant
to an administrative order by consent to be negotiated with
Region IV during the next 60 days.
BACKGROUND: The Site is situated on a 131-acre tract
located approximately three miles Northwest of downtown
Deland, Florida. The Site has been operated by Volusia
County as a municipal landfill. From 1978 until 1988, a
portion of the Site was used for disposal of high-nitrate
and high-sulfate sludges, generated by Brunswick
Corporation. The Contamination Assessment Report: prepared
by Volusia County for the Site documents the existence of
a plume of contamination in groundwater in the area of the
Site. ' Site conditions and contamination, including site
hydrology, will be investigated as part of the EE/CA, which
is to be conducted for purposes of determining the non-time
critical removal action response most appropriate for the
Site, as contemplated under the Superfund Accelerated
Cleanup Model. The Site is currently being evaluated to be
placed on the National Priorities List.
CONTACT: Reuben Bussey
Assistant Regional Counsel
(404) 347-2641; ext. 2277
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE
November 24, 1993
SUBJECT
Weekly Report for the Week of November 22, 1993
FROM
Carol F. BaschoifS ft
Branch Chief
RCRA/Air Law Branch
TO
John R. Barker
Regional Counsel
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiation: None
7. Significant Administrative Actions: None
EPA AND BSC STEEL. INC.. ENTER INTO CONSENT AGREEMENT FINAL
ORDER IN RCRA S 3008IK\ ACTION. FILED IN 1991 EXPORT CLUSTER
IMPACT: BSC Steel, Inc., (BSC), a facility located in
Flowood, Mississippi, agreed to pay a penalty of $10,000 for
failure to comply with provisions of RCRA and its implementing
regulations related to the exportation of hazardous waste.
BACKGROUND; BSC owns and operates a manufacturing plant
including a steel mill located in Flowood, Mississippi. As
part of the 1991 export cluster filing, Region IV issued a
Complaint and Compliance Order to BSC alleging that BSC
violated RCRA § 3017(g), 42 U.S.C. § 6938(g), and 40 C.F.R.
§ 262.56 by failing to submit an Annual Report of hazardous
-------
waste exports. BSC admitted the allegations in the Complaint
and ultimately agreed to pay a $10,000.00 penalty.
CONTACT: Beth Davis
CERCLA Branch
(404) 347-2641, Ext. 2283
EPA AND R&D PRODPCTS. INC.. ENTER INTO CONSENT AGREEMENT FINAL
ORDER IN RCRA S 3008(A) ACTION. FILED IN 1992 IT.T.BRAT. OPERATOR
INITIATIVE
IMPACT: R&D Products, Inc. (R&D), a facility located in
Chattanooga, Tennessee, agreed to pay a penalty of $10,000 for
failure to comply with provisions of RCRA and its implementing
regulations.
BACKGROUND: R&D owns and operates a facility located in
Chattanooga, Tennessee, which blends and repackages soaps,
brighteners, and other materials. EPA issued a Complaint and
Compliance Order to R&D, alleging that R&D had violated RCRA §
3005(e)(1) and 40 C.F.R. §§ 265.13(a)(1), 265.51, 265.73(a),
265.74(a), 265.143, and 365.31. In response to the
allegations in the Complaint, R&D agreed to a schedule of
compliance and payment of a $10,000 penalty.
CONTACT: Beth Davis
CERCLA Branch
(404) 347-2641, Ext. 2283
8. Other Significant Events:
PUBLIC HEARING HELD FOR CHEVRON OUTER CONTINENTAL SHELF
PERMIT
IMPACT; On November 3, 1993, EPA Region IV held a public
hearing in Pensacola, Florida, concerning a draft Outer
Continental Shelf (OCS) air permit for Chevron Oil. Chevron
is seeking a permit to build a natural gas exploration well
about 29 miles off the coast of Florida.
BACKGROUND: On September 4, 1992, EPA promulgated new
regulations at 40 C.F.R. Part 55 establishing requirements to
control air pollution from OCS sources located in the eastern
part of the Gulf of Mexico. Chevron's draft permit requires
the gas exploration platform to meet the same air quality
standards that a minor source onshore in Florida would be
subject to, including the emissions from marine vessels
serving the platform. The OCS permit program may be delegated
to the state, but the first such permit off any state shores
must be issued by EPA.
The November 3, 1993, hearing had approximately 65 attendees
- 2 -
-------
at the afternoon session, and over 300 attendees in the
evening. The public comment period on the Chevron OCS permit
closed on November 8, 1993. Region IV expects to review all
comments and publish its decision on issuing the permit by
mid-December.
CONTACTS Alan Dion
RCRA/Air Branch
404/347-2335, Ext. 2131
9. Early Warning Items: None
10. Travel: None
- 3 -
-------
| ^1^ o UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
t/ REGION IV
"V PRCfl*-
December 6, 1993
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
SUBJECT: Weekly Report for the Week of 11/29/93-12/^3793
FROM:
THRU:
TO:
ATTN:
1,
2,
3,
4,
5,
6
7
John R. Barker
"Regional Counsel
Patrick M. Tobin
Acting Regional Administrator, Region IV
Steven A. Herman
Assistant Administrator for Enforcement (2211)
Robert Banks
Environmental Protection Specialist (2211)
Projected 1st Quarter Litigation Referrals: 9
Cases Referred to DOJ this week: None
Cases Filed by DOJ: None
Cases Initiated Against EPA: None
Significant Court Developments: None
Litigation Settled by Negotiations: None
Significant Administrative Actions:
ABERDEEN PESTICIDES DUMP - OPERABLE UNIT 5. ABERDEEN. MOORE
COUNTY. NORTH CAROLINA
IMPACT: Region IV issues RI/FS Special Notice Letters for
Operable Unit 5 at this Site.
BACKGROUND; This site is composed of five separate areas
where wastes from a pesticide formulation plant were
disposed of from the 1940's to the 1970's. These special
notice letters request that three generator PRPs perform an
RI/FS to study groundwater, surface water, and sediments at
-------
2
two of those areas. Because only one of the generators sent
waste to both of the two areas, it is anticipated that only
that single PRP will execute the RI/FS AOC.
EPA completed a Fund-lead RI/FS at the Site in 1991. EPA
then issued a ROD for the soil remedy at the Site. PRPs are
performing the RD/RA for soils under UAOs issued in May
1993. After completing additional RI/FS work, EPA then
issued a ROD for the groundwater at three of the five
disposal areas in October 1993. EPA will issue RD/RA
special notice letters for this ROD by the end of December.
In addition, the United States is currently litigating the
recovery of over $7.7 million in past costs incurred at this
Site.
CONTACT; Chuck Mikalian
CERCLA Branch
(404) 347-2641, Ext. 2269
FINAL DECISION RENDERED BY THE ENVIRONMENTAL APPEALS BOARD
IN TSCA PCB CASE AGAINST GENERAL ELECTRIC COMPANY
IMPACT: On November 1, 1993, the Environmental Appeals
Board issued its Final Decision in Region IV's 1989 TSCA PCB
case against General Electric Company (GE). The Final
Decision upholds the TSCA Program's position that PCB
solvent distillation systems used in disposing of PCB
transformers are subject to PCB disposal regulations. The
Decision also clarifies that once PCBs are in a state of
disposal, those PCBs are governed only by the PCB disposal
regulations and cannot be simultaneously subject to PCB use
regulations. Based upon its findings, the EAB assessed a
$25,000 penalty against GE for its PCB disposal violations.
In making this assessment, the Board rejected GE's attempt
to reduce its penalty to zero.
BACKGROUNDi This Final Decision arises from GE's appeal of
an Initial Decision (dated February 7, 1992) ordering GE to
pay a civil penalty of $40,000 for violating Section 6(e) of
TSCA, 15 U.S.C. Section 2605(e), and the PCB use and
disposal regulations implementing that Section, which are
set forth at 40 C.F.R. Part 761. Following a Hearing in
March of 1991, Judge Nissen's Initial Diecision concluded
that GE's transformer disposal and distillation activities
at its Chamblee, Georgia facility violated Sections
761.20(a) and 761.30 of the PCB use regulations, and Section
761.60 of the PCB disposal regulations. While EPA Region
IV's Complaint (filed May 12, 1989) proposed a civil penalty
of $225,000 for these two Counts, Judge Nissen reduced the
assessed penalty to $40,000 by disregarding the 1980 PCB
Penalty Policy based upon his view that the risk of actual
or potential harm to humans was not present in this case.
-------
3
The Region, in consultation with the Office of Enforcement's
Toxics Litigation Division, did not appeal the penalty
portion of the Initial Decision. GE appealed all issues of
liability and sought a zero penalty.
With this Final Decision, litigation in the other Regional
actions (Regions III, V, VI and X) against GE has been
revived. GE's potential liability in these remaining
actions continues to exceed $4 million. GE has, however,
indicated that it will be appealing the EAB's Final Decision
and has moved for a stay of the other Regional proceedings.
Any appeal of the EAB's Final Decision must be made by GE to
the United States Court of Appeals for the District of
Columbia by November 30, 1993.
CONTACT: Nancy L. Tommelleo
RCRA/Air Branch
(404) 347-2335, Ext. 2152
8. Other Significant Events:
DRAFT PERMIT MODIFICATION ADDRESSING THREE EVIDENTIARY
HEARING REQUESTS ON NPDES PERMIT ISSUED TO THE BAY COUNTY
WASTEWATER TREATMENT FACILITY. PANAMA CITY. FLORIDA. GOES TO
PUBLIC NOTICE
IMPACT: On December 9, 1993, EPA will go to public notice
on a Draft Permit Modification in this matter. The proposed
modification is intended to resolve three EHRs on the NPDES
permit issued to Bay County.
BACKGROUND; Three petitioners: Bay County Board of
Commissioners, Stone Container Co., and the Legal
Environmental Assistance Foundation (LEAF), submitted
evidentiary hearing requests on the September 1990 NPDES
permit issued to Bay County Municipal Plant #1. Bay County's
plant treats both industrial wastes and municipal sanitary
sewage. In June 1992, the Regional Administrator denied
each of the evidentiary hearing requests. Each of the
petitioners filed timely appeals with the Environmental
Appeals Board (EAB), which subsequently, in light of on-
going negotiations between the parties, granted a stay of
proceedings until January 1993. On January 8, 1993, the EAB
granted EPA's unopposed motion for remand of the proceedings
in light of the permit modification negotiations.
A primary issue in this matter has been whether the Bay
-------
4
County Wastewater Treatment Facility is a "domestic"
facility under state law. The Draft Permit Modification
addresses the facility as domestic based the state temporary
operating permit issued to the facility and communications
with the State Agency. Issuance of the Draft Permit
Modification is intended to resolve the issues raised in the
three appeals.
CONTACT: Kevin B. Smith
Water Law Branch
(404) 347-2309, Ext. 2904
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
-------
Wj
V .c
-------
waste to both of the two areas, it is anticipated that only
that single PRP will execute the RI/FS AOC.
EPA completed a Fund-lead RI/FS at the Site in 1991. EPA
then issued a ROD for the soil remedy at the Site. PRPs are
performing the RD/RA for soils under UAOs issued in May
1993. After completing additional RI/FS work, EPA then
issued a ROD for the groundwater at three of the five
disposal areas in October 1993. EPA will issue RD/RA
special notice letters for this ROD by the end of December.
In addition, the United States is currently litigating the
recovery of over $7.7 million in past costs incurred at this
Site.
CONTACT: Chuck Mikalian
CERCLA Branch - ORC
(404) 347-2641 ext. 2269
8. Other Significant Events: None
9. Early Warning Items: None
^0. Weekly Schedule of Absences: None
-------
^t° sr
-------
2
BACKGROUND: This Final Decision arises from GE's appeal of an
Initial Decision (dated February 7, 1992) ordering GE to pay a
civil penalty of $40,000 for violating Section 6(e) of TSCA.,
15 U.S.C. Section 2605(e), and the PCB use and disposal
regulations implementing that Section, which are set forth at
40 C.F.R. Part 761. Following a Hearing in March of 1991,
Judge Nissen's Initial Decision concluded that GE's
transformer disposal and distillation activities at its
Chamblee, Georgia facility violated Sections 761.20(a) and
761.30 of the PCB use regulations, and Section 761.60 of the
PCB disposal regulations. While EPA Region IV's Complaint
(filed May 12, 1989) proposed a civil penalty of $225,000 for
these two Counts, Judge Nissen reduced the assessed penalty to
$40,000 by disregarding the 1980 PCB Penalty Policy based upon
his view that the risk of actual or potential harm to humans
was not present in this case. The Region, in consultation
with the Office of Enforcement's Toxics Litigation Division,
did not appeal the penalty portion of the Initial Decision. GE
appealed all issues of liability and sought a zero penalty.
With this Final Decision, litigation in the other Regional
actions (Regions III, V, VI and X) against GE has been
revived. GE's potential liability in these remaining actions
continues to exceed $4 million. GE has, however, indicated
that it will be appealing the EAB's Final Decision and has
moved for a stay of the other Regional proceedings. Any
appeal of the EAB's Final Decision must be made by GE to the
United States Court of Appeals for the District of Columbia by
November 30, 1993.
CONTACT: Nancy L. Tommelleo
RCRA/Air Branch
(404) 347-2335, Ext. 2152
8. Other Significant Events: None
9. Early Warning Items: None
10. Travel: None
-------
z
2S;
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
DATE
December 6, 1993
TO
John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected 1st Quarter Litigation Referrals: One
2. Cases Referred to DOJ this week:
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions:
8. Other Significant Events:
DRAFT PERMIT MODIFICATION ADDRESSING THREE EVIDENTIARY
HEARING REQUESTS ON NPDES PERMIT ISSUED TO THE BAY COUNTY
WASTEWATER TREATMENT FACILITY. PANAMA CITY. FLORIDA. GOES TO
PUBLIC NOTICE.
IMPACT: On December 9, 1993, EPA will go to public notice
on a Draft Permit Modification in this matter. The proposed
modification is intended to resolve three EHRs on the NPDES
permit issued to Bay County.
BACKGROUND: Three petitioners: Bay County Board of
Commissioners, Stone Container Co., and the Legal
Environmental Assistance Foundation (LEAF), submitted
evidentiary hearing requests on the September 1990 NPDES
permit issued to Bay County Municipal Plant #1. Bay County's
plant treats both industrial wastes and municipal sanitary
-------
2
sewage. In June 1992, the Regional Administrator denied
each of the evidentiary hearing requests. Each of the
petitioners filed timely appeals with the Environmental
Appeals Board (EAB), which subsequently, in light of on-
going negotiations between the parties, granted a stay of
proceedings until January 1993. On January 8, 1993, the EAB
granted EPA's unopposed motion for remand of the proceedings
in light of the permit modification negotiations.
A primary issue in this matter has been whether the Bay
County Wastewater Treatment Facility is a "domestic"
facility under state law. The Draft Permit Modification
addresses the facility as domestic based the state temporary
operating permit issued to the facility and communications
with the State Agency. Issuance of the Draft Permit
Modification is intended to resolve the issues raised in the
three appeals.
CONTACT: Kevin B. Smith
Water Law Branch
FTS 347-2309 x2904
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
-------
? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION .V
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
December 13, 1993
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
SUBJECT: Weekly Report for the Week of 12/06/93-12/10/93
FROM: hn R. Barkei£-^
-------
2
toxaphene, and in 1974 Hercules arranged with the Georgia
Environmental Protection Division (GaEPD) for a permit to
design and operate the nearby 009 Landfill (the Site) to
dispose of the toxaphene sludge it generated. In 1975 the
State permitted the landfill, and it was operated by
Hercules until 1980, at which time the State revoked the
permit after detecting toxaphene in adjacent sediment and
surface water samples. The Site was placed on the NPL in
1984, and EPA assumed the lead role of lead agency in 1987.
Hercules initiated a Remedial Investigation/Feasibility
Study under EPA oversight in 1988. After determining that
contaminated groundwater posed an immediate threat to
several downgradient drinking water wells belonging to
nearby residents, EPA organized the work at the Site into
two operable units (OUs). The first OU, designated OU#2,
was an interim remedy and connected these residents to the
municipal water supply.
Under the terms of the Consent Decree entered by the Court
on November 29, 1993, Hercules will perform the remedial
action enumerated in the Record of Decision designated OU#l.
The remedial action will consist of a removal action to
consolidate soils, and a treatability study followed by in-
situ stabilization of toxaphene-contaminated soil. The
remedy is expected to cost about $10 million; the settlement
also requires Hercules to reimburse the government for all
past costs ($544,199.22) as well as 100% of all future
response and oversight costs.
CONTACT: Gregory D. Luetscher
CERCLA Branch
(404) 347-2641, Ext. 2275
CIVIL CONTEMPT HEARING HELD IN TAMPA DISTRICT COURT FOR SAFE
& SURE PESTICIDES
IMPACT: On November 30, 1993, a hearing to determine
whether Lester Workman of Safe & Sure Pesticides should be
found in civil contempt was held before federal District
Court Judge Nimmons of the Middle District of Florida, Tampa
Division. The government is alleging that Lester Workman
denied EPA and Florida inspectors entry to the Safe & Sure
premises in Sarasota, Florida and did not allow them to copy
records, despite an administrative search warrant issued by
the District Court.
BACKGROUND; EPA Region IV had initiated an administrative
action against Workman and Safe & Sure on September 27,
1990, for failure to report annual production of pesticides,
a violation of Section 7 of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA). In a followup
-------
3
inspection, EPA inspectors visited Workman's facility on
March 17, 1992, but were denied entry.
The Region obtained an administrative search warrant from
Magistrate Elizabeth Jenkins on May 22, 1992, and attempted
to serve it on May 28, 1992, but were again denied access to
records. After conducting the inspection on May 29, 1992,
but without permission to examine and copy necessary
documents, the government filed a brief for a contempt
hearing against Workman on October 2, 1992. The hearing was
held in Tampa on December 2-3, 1992, and Magistrate Jenkins
on March 30, 1993, certified facts constituting contempt on
Workman's part to the District Court.
The government is attempting to recover compensatory costs
for obtaining the warrant, for the delayed inspection, and
for the contempt proceeding, over $15,000. In addition, the
government is seeking the documents which it was not allowed
to copy at the May 28-28, 1992, inspection.
CONTACT: Alan Dion
RCRA/Air Branch
(404) 347-2335, Ext. 2131
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions:
CERCLA UAO FOR REMOVAL ACTION ISSUED TO THREE PRPs AT
WOOLFOLK CHEMICAL WORKS NPL SITE. FORT VAT.T.KY. GEORGIA
IMPACT: On December 1, 1993, EPA issued a CERCLA Section
106 Unilateral Administrative Order (UAO) to three PRPs at
the Woolfolk Chemical Works Site. The order requires the
PRPs to implement a removal action which will address
arsenic contamination in over 40 residential yards.
BACKGROUND; During the RI/FS at the Site, high levels of
arsenic contamination were found in residential yards. EPA
determined that a removal action was warranted to provide
for additional sampling and cleanup in residential areas.
After removal Consent Order negotiations broke down, EPA
conducted additional sampling in the neighborhood to more
fully define the scope of arsenic contamination in
residential areas. EPA has identified over 40 residential
yards where arsenic contamination exceeds EPA's action
level, and sampling is continuing in additional areas. The
UAO requires the PRPs to excavate contaminated soil and
arrange for temporary relocation of residents, or to provide
for permanent relocation of residents and securely fence
contaminated areas. The PRPs are exploring with the local
government and community the possibility of purchasing many
-------
4
properties near the Site and developing the property
commercially, so as to benefit from a commercial on-site
action level instead of a residential clean-up level. That
is why the permanent relocation option has been retained in
the UAO. The removal action will be followed by a ROD
selecting a remedial action at this NPL Site.
One PRP, Canadyne-Georgia Corporation (CGC), is the former
owner/operator of a pesticide formulation plant at the Site
and current owner of a portion of the Site. The other 2
PRPs are the first and second-level parent corporations of
CGC. CGC no longer has any profit generating business and
exists only to hold contaminated property and manage
cleanups. It is funded and controlled by the parent,
Canadyne Corporation, and ultimately by the second level
parent, Reichold, Limited.
CONTACT: Paul Schwartz
CERCLA Branch
(404) 347-2641, Ext. 2282
RCRA CONSENT AGREEMENT FILED IN ACTION AGAINST TECUMSEH
PRODUCTS COMPANY. SOMERSET. KENTUCKY
IMPACT; On December 2, 1993, a 3008(a) Consent Agreement
and Consent Order (CACO) was filed in settlement of the
Tecumseh Products Company matter, Docket No. 91-18-R.
Pursuant to the terms of the CACO, the company will pay a
civil penalty in the amount of $94,990 and perform a
pollution prevention project. The pollution prevention
project calls for the installation and operation of a new
water-based solvent parts degreaser at Respondent's
facility. The installation of the new technology is
designed to eliminate the generation of spent 1,1,1,-
trichloroethane (F001 listed hazardous waste) which is
generated in its current parts degreaser. This project
effectively mitigates $20,000 of the $114,990 negotiated
penalty. Additionally, Respondent agrees to submit a permit
application to the state and comply with all applicable
closure and post-closure requirements for its landfill.
BACKGROUND; On November 18, 1991, the Region issued a RCRA
Section 3008(a) administrative complaint and compliance
order to Tecumseh Products Company, Inc., located in
Somerset, KY. The facility's violations included the
following: mismanagement of a container storage area;
disposal of hazardous waste without a permit; lack of
-------
5
groundwater monitoring; failure to maintain land disposal
records; failure to satisfy closure requirements; and lack
of financial assurance and insurance.
CONTACT: Zylpha K. Pryor
RCRA/Air Branch
(404) 347-2335, Ext. 2125
REGION ENTERS CONSENT AGREEMENT AND FINAL ORDER WITH
RESPONDENT FOR SECTION 404 VIOLATIONS
IMPACT: Respondent, United Foods of Tennessee, will restore
the wetlands violation and provide additional on-site
mitigation.
BACKGROUND: Respondent United Foods owns a farm adjacent to
the Wolf River near Rossville, Tennessee. During the
farming operation, United Foods discharged pollutants into
jurisdictional wetlands without a permit during land
clearing operations. The Consent Agreement, signed on
December 10, 1993, requires the Respondent perform several
tasks in addition to restoring the cleared area. The 65
acre cleared violation area will be replanted with
bottomland hardwood seedlings and a swale system will be
created to direct water through the area. Certain dikes
will be removed allowing flood water to enter the area. A
separate dike will be moved, allowing flood water to enter a
7 acre area which will also be planted with bottomland
hardwoods. All restored areas will be monitored.
Restrictive covenants will be placed on these areas, as well
as an additional 220 forested acres located between the farm
perimeter levee and the river, protecting these properties
in perpetuity as wetlands.
CONTACT; Philip G. Mancusi-Ungaro
Water Branch
(404) 347-2309, Ext. 2914
8. Other Significant Events:
CAROLAWN SUPERFUND SITE-OPERABLE UNIT 2. FORT LAWN. CHESTER
COUNTY. S.C.
IMPACT: Region IV issues RI/FS Special Notice Letters for
Operable Unit Two at this Site.
BACKGROUND: This Site was formerly operated as a storage
and disposal facility during the 1970s. The Site has a very
extensive background involving numerous response actions.
The first removal action was undertaken by EPA in 1981 and
involved the removal of all drums and storage tanks. Most
of the response actions conducted at the Site have focused
-------
4
on the fenced-off three acre parcel. On September 27, 1989,
a ROD was issued for Operable Unit One which selected a
groundwater interception and extraction system as the
remedy. Operable Unit One is presently being installed by
the Carolawn Generators Steering Committee pursuant to a
1990 Consent Decree.
The present soil investigation (Operable Unit Two) will be
conducted in the area outside the fenced parcel to the north
and west where hot spots were discovered. The twenty four
PRPS that received Special Notice letters were generators
that did business with the original owner of the Site during
the early 1970s.
In the very near future, EPA will issue RD/RA Special Notice
letters for Operation and Maintenance of Operable Unit One.
Pursuant to the 1990 Consent Decree, the members of the
Carolawn Generators Steering Committee are not required to
do 0 & M.
CONTACT: Marlene J. Tucker
CERCLA Branch
(404) 347-2641, Ext. 2242
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
-------
S *<
? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
% REGION IV
phO1*-
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: December 10, 1993
SUBJECT: Weekly Report for the Week of December 6, 1993
FROM: Carol F. Baschopf 0 i
Branch Chief
RCRA/Air Law Branch "
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
CIVIL CONTEMPT FTRARTNG HELD IN TAMPA DISTRICT COURT FOR SAFE &
SURE PESTICIDES
IMPACT; On November 30, 1993, a hearing to determine whether
Lester Workman of Safe & Sure Pesticides should be found in
civil contempt was held before federal District Court Judge
Nimmons of the Middle District of Florida, Tampa Division.
The government is alleging that Lester Workman denied EPA and
Florida inspectors entry to the Safe & Sure premises in
Sarasota, Florida and did not allow them to copy records,
despite an administrative search warrant issued by the
District Court.
BACKGROUND: EPA Region IV had initiated an administrative
action against Workman and Safe & Sure on September 27, 1990,
for failure to report annual production of pesticides, a
violation of Section 7 of the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA). In a followup inspection, EPA
inspectors visited Workman's facility on March 17, 1992, but
were denied entry.
-------
2
The Region obtained an administrative search warrant from
Magistrate Elizabeth Jenkins on May 22, 1992, and attempted to
serve it on May 28, 1992, but were again denied access to
records. After conducting the inspection on May 29, 1992, but
without permission to examine and copy necessary documents,
the government filed a brief for a contempt hearing against
Workman on October 2, 1992. The hearing was held in Tampa on
December 2-3, 1992, and Magistrate Jenkins on March 30, 1993,
certified facts constituting contempt on Workman's part to the
District Court.
The government is attempting to recover compensatory costs for
obtaining the warrant, for the delayed inspection, and for the
contempt proceeding, over $15,000. In addition, the
government is seeking the documents which it was not allowed
to copy at the May 28-28, 1992, inspection.
CONTACT: Alan Dion
RCRA/Air Branch
404/347-2335 Ext. 2131
6. Litigation Settled by Negotiation: None
7. Significant Administrative Actions:
RCRA CONSENT AGREEMENT FILED IN ACTION AGAINST TECtJMSBH
PRODUCTS COMPANY. SOMERSET. KENTUCKY
IMPACT: On December 2, 1993, a 3008(a) Consent Agreement and
Consent Order (CACO) was filed in settlement of the Tecumseh
Products Company matter, Docket No. 91-18-R. Pursuant to the
terms of the CACO, the company will pay a civil penalty in the
amunt of $94,990 and perform a pollution prevention project.
The pollution prevention project calls for the installation
and operation of a new water-based solvent parts degreaser at
Respondent's facility. The installation of the new technology
is designed to eliminate the generation of spent 1,1,1,-
trichloroethane (F001 listed hazardous waste) which is
generated in its current parts degreaser. This project
effectively mitigates $20,000 of the $114,990 negotiated
penalty. Additionally, Respondent agrees to submit a permit
application to the state and comply with all applicable
closure and post-closure requirements for its landfill.
BACKGROUND: On November 18, 1991, the Region issued a RCRA
Section 3008(a) administrative complaint and compliance order
to Tecumseh Products Company, Inc., located in Somerset, KY.
The facility's violations included the following:
mismanagement of a container storage area; disposal of
hazardous waste without a permit; lack of groundwater
-------
3
monitoring; failure to maintain land disposal records; failure
to satisfy closure requirements; and lack of financial
assurance and insurance.
CONTACT; Zylpha K. Pryor
RCRA/Air Branch
347-2335 ext. 2125
8. Other Significant Events: None
9. Early Warning Items: None
10. Travels None
-------
.«t0 s%
o
z
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE
December 10, 1993
SUBJECT: Weekly Report for the Week of 12/06/93 - 11/10/93
1. Projected Litigation Referrals for the 1st Quarter: Five
2. Cases Referred to DOJ This Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: One
CERCLA S 107 CONSENT DECREE ENTERED IN SOUTHERN DISTRICT OF
GEORGIA FOR THE HERCULES 009 LANDFILL SITE. BRUNSWICK. GLYNN
COUNTY. GEORGIA
IMPACT: On November 29, 1993, the U.S. District Court for
the Southern District of Georgia entered a Consent Decree
executed by Hercules, Incorporated, ("Hercules"), the U.S.
EPA, and the Department of Justice. Under the terms of the
Consent Decree, Hercules will conduct the final remedial
design and remedial action, and reimburse the government for
all past and future costs associated with the Site.
BACKGROUND: Hercules has operated a chemical plant in
Brunswick, Georgia, since the early 1920's. One of the
chemicals it manufactured at its Brunswick plant was
toxaphene, and in 1974 Hercules arranged with the Georgia
Environmental Protection Division ("GaEPD") for a permit to
design and operate the nearby 009 Landfill (the "Site") to
dispose of the toxaphene sludge it generated. In 1975 the
State permitted the landfill, and it was operated by
FROM
Phyllis P. Harris, Chief
CERCLA Branch
TO
John R. Barker
Regional Counsel
-------
-2-
Hercules until 1980, at which time the State revoked the
permit after detecting toxaphene in adjacent sediment and
surface water samples. The Site was placed on the NPL in
1984, and EPA assumed the lead role of lead agency in 1987.
Hercules initiated a Remedial Investigation/Feasibility
Study under EPA oversight in 1988. After determining that
contaminated groundwater posed an immediate threat to
several downgradient drinking water wells belonging to
nearby residents, EPA organized the work at the Site into
two operable units ("OUs"). The first OU, designated OU#2,
was an interim remedy and connected these residents to the
municipal water supply.
Under the terms of the Consent Decree entered by the Court
on November 29, 1993, Hercules will perform the remedial
action enumerated in the Record of Decision designated 0U#1.
The remedial action will consist of a removal action to
consolidate soils, and a treatability study followed by
in-situ stabilization of toxaphene-contaminated soil. The
remedy is expected to cost about $10 million; the settlement
also requires Hercules to reimburse the government for all
past costs ($ 544,199.22) as well as 100% of all future
response and oversight costs.
CONTACT: Gregory D. Luetscher
CERCLA Branch
(404) 347-2641, ext. 2275
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: One
CERCLA PAO FOR REMOVAL ACTION ISSUED TO THREE PRPs AT
WOOLFOLK CHEMICAL WORKS NPL SITE. FORT VAT.T.EY. GEORGIA
IMPACT; On December 1, 1993, EPA issued a CERCLA Section
106 Unilateral Administrative Order (UAO) to three PRPs at
the Woolfolk Chemical Works Site. The order requires the
PRPs to implement a removal action which will address
arsenic contamination in over 40 residential yards.
BACKGROUND: During the RI/FS at the Site, high levels of
arsenic contamination were found in residential yards. EPA
determined that a removal action was warranted to provide
for additional sampling and cleanup in residential areas.
After removal Consent Order negotiations broke down, EPA
conducted additional sampling in the neighborhood to more
fully define the scope of arsenic contamination in
residential areas. EPA has identified over 40
residential yards where arsenic contamination exceeds EPA's
action level, and sampling is continuing in additional
-------
-3-
areas. The UAO requires the PRPs to excavate contaminated
soil and arrange for temporary relocation of residents, or
to provide for permanent relocation of residents and
securely fence contaminated areas. The PRPs are exploring
with the local government and community the possibility of
purchasing many properties near the Site and developing the
property commercially, so as to benefit from a commercial
on-site action level instead of a residential clean-up
level. That is why the permanent relocation option has been
retained in the UAO. The removal action will be followed by
a ROD selecting a remedial action at this NPL Site.
One PRP, Canadyne-Georgia Corporation (CGC), is the former
owner/operator of a pesticide formulation plant at the Site
and current owner of a portion of the Site. The other 2
PRPs are the first and second-level parent corporations of
CGC. CGC no longer has any profit generating business and
exists only to hold contaminated property and manage
cleanups. It is funded and controlled by the parent,
Canadyne Corporation, and ultimately by the second level
parent, Reichold, Limited.
8. Other Significant Events: One
CAROLAWN SUPERFUND SITE- OPERABLE UNIT 2. FORT LAWN. CHESTER
COUNTY. S.C.
IMPACT; Region IV issues RI/FS Special Notice Letters for
Operable Unit Two at this Site.
BACKGROUND: This Site was formerly operated as a storage
and disposal facility during the 1970s. The Site has a very
extensive background involving numerous response actions.
The first removal action was undertaken by EPA in 1981 and
involved the removal of all drums and storage tanks. Most
of the response actions conducted at the Site have focused
on the fenced-off three acre parcel. On September 27, 1989,
a ROD was issued for Operable Unit One which selected a
groundwater interception and extraction system as the
remedy. Operable Unit One is presently being installed by
the Carolawn Generators Steering Committee pursuant to a
1990 Consent Decree.
The present soil investigation (Operable Unit Two) will be
conducted in the area outside the fenced parcel to the north
and west where hot spots were discovered. The twenty four
PRPS that received Special Notice letters were generators
CONTACT: Paul Schwartz
CERCLA Branch/ - Ga/Al/Ma Section
(404) 347-2641, ext. 2282
-------
-4-
that did business with the original owner of the Site duriny
the early 1970s.
In the very near future, EPA will issue RD/RA Special Notice
letters for Operation and Maintenance of Operable Unit One.
Pursuant to the 1990 Consent Decree, the members of the
Carolawn Generators Steering Committee are not required to
do O & M.
CONTACT: Marlene J. Tucker
CERCLA Section
(404)
9. Early Warning Items; None
10. Weekly Schedule of Absences: None
-------
v^o Sr<,
' ' ^
0
1
o
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
DATE: December 13, 1993
SUBJECT: Weekly Report for thi LO/4/93- 10/8/93
FROM
Rowland Heyward, Chief,
Water Branch /
TO
John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1. Projected 1st Quarter Litigation Referrals: One
2. Cases Referred to DOJ this week:
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions:
REGION ENTERS CONSENT AGREEMENT AND FINAL ORDER WITH RESPONDENT
FOR SECTION 404 VIOLATIONS
IMPACT; Respondent, United Foods of Tennessee, will restore the
wetlands violation and provide additional on-site mitigation.
BACKGROUND: Respondent United Foods owns a farm adjacent to the
Wolf River near Rossville, Tennessee. During the farming
operation, United Foods discharged pollutants into jurisdictional
wetlands without a permit during land clearing operations. The
Consent Agreement, signed on December 10, 1993, requires the
Respondent perform several tasks in addition to restoring the
cleared area. The 65 acre cleared violation area will be
replanted with bottomland hardwood seedlings and a swale system
will be created to direct water through the area. Certain dikes
will be removed allowing flood water to enter the area. A
separate dike will be moved, allowing flood water to enter a 7
acre area which will also be planted with bottomland hardwoods.
All restored areas will be monitored. Restrictive covenants will
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2
be placed on these areas, as well as an additional 220 forested
acres located between the farm perimeter levee and the river,
protecting these properties in perpetuity as wetlands.
CONTACT: Philip G. Mancusi-Ungaro
Water Branch
404-347-2309, ext 2914
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
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£ Ti
? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
*v REGION IV
PRO^1
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
December 20, 1993
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
SUBJECT: Weekly Report for the Week of 12/13/93-12/17/93
FROM: . John R. Barker ji
ff~ Regional Counsel
THRU: Patrick M. Tobin
Acting Regional Administrator, Region IV
TO: Steven A. Herman
Assistant Administrator for Enforcement (2211)
ATTN: Robert Banks
Environmental Protection Specialist (2211)
1. Projected 1st Quarter Litigation Referrals: 9
2. Cases Referred to DOJ this week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
NOTICE OF DEPOSITION AND SUBPOENA DUCES TECUM SERVED ON
REGION IV IN RCRA ACTION. UNITED STATES v. MARINE SHALE
PROCESSORS. INC.. {U.S. DISTRICT COURT. WESTERN DISTRICT OF
LOUISIANA)
IMPACT: On December 10, 1993, a subpoena duces tecum and
FRCP Rule 30(b)(6) Notice of Deposition was served on Region
IV. The subpoena requested documents and testimony
concerning waste sent to Marine Shale Processors from sites
in Crosby, Mississippi and Charleston, South Carolina. Also
requested was testimony and documents concerning a visit by
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2
a Region IV employee to Marine Shale Processors and "any and
all documents relating or referring to Marine Shale
Processors" in the possession of Region IV.
BACKGROUND; United States v. Marine Shale Processors. Inc..
(W.D. La.), which was commenced in 1990, is a RCRA civil
judicial action involving the waste treatment practices of
Marine Shale Processors, located in Region VI. Discovery
closes in the case on December 24, 1993. The deposition is
set for Wednesday, December 22, 1993.
CONTACT: Leif Palmer
RCRA/Air Branch
(404) 347-2335, Ext. 2132
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions:
GENERAL NOTICE LETTERS ISSUED TO 979 PRPS FOR THE ILCO
SUPERFUND SITE IN LEEDS. ALABAMA AND PRP INFORMATIONAL
MEETING CONDUCTED
IMPACT: On October 29 and November 19, the Region issued
approximately 979 general notice letters to PRPs for the
Interstate Lead Company or "ILCO" Superfund Site in Leeds,
Alabama. In addition, a meeting with the PRPS was held on
December 9, 1993, in Birmingham, Alabama. As a result,
efforts are underway by the PRPs to form a steering
committee for the purposes of negotiating a settlement with
EPA.
BACKGROUND; ILCO operated a secondary lead smelting and
lead battery recycling facility in Leeds, Alabama from the
1970's until March 1992. ILCO stored furnace slag, battery
chips and waste water treatment sludge in piles on the ILCO
facility. In addition, furnace slag generated by ILCO and
other waste material was used as fill material at the ILCO
facility and seven satellite areas in and around the City of
Leeds, which are also part of the Superfund Site. Based
upon ILCO's operating records EPA has identified
approximately 979 PRPs, who sent spend batteries or other
lead bearing waste material to the Site.
The Region anticipates early de minimus settlements in this
case, and plans to make de minimus settlement offers to
appropriate PRPs within the next six months.
CONTACT; Andrea Madigan
CERCLA Branch
(404) 347-2641, Ext. 2284
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3
8. Other Significant Events:
SOUTHERN SLAG SUPERFUND SITE. SWANSEA. LEXINGTON COUNTY.
SOUTH CAROLINA
IMPACT: Region IV issues Notice of Potential Liability
Letters for removal action at this Site.
BACKGROUND: The Site occupies thirty nine acres.
Approximately ten acres of the Site are utilized for
industrial activities. Since the 1970s, the Site has been
operated as a facility that processed slag to make a product
that was sent to shingle manufacturers for use as head lap
aggregate on roofing shingles. As a result, a large
quantity (an estimated 10,000 tons) of slag and slag fines
are currently stored in exposed stockpiles at the Site. The
slag fines consistently failed the Toxicity Characteristic
leaching Procedure (TLCP) test for lead. EPA conducted a
Remedial Site Assessment on October 4, 1993, and determined
that removal and treatment and/or disposal of the slag and
slag fines was necessary to abate the threat of release of
hazardous substances.
Notice letters were sent to six PRPs including the former
owner, present owner and generators. An initial meeting is
scheduled for December 16, 1993.
CONTACT: Marlene J. Tucker
CERCLA Branch
(404) 347-2641, Ext. 2242
EPA ISSUES DRAFT PERMIT MODIFICATION ADDRESSING THREE
EVIDENTIARY HEARING REQUESTS ON NPDES PERMIT ISSUED TO THE
BAY COUNTY WASTEWATER TREATMENT FACILITY. PANAMA CITY.
FLORIDA
IMPACT: On December 9, 1993, EPA publicly noticed a Draft
Permit Modification in this matter. The proposed
modification is intended to resolve three EHRs on the NPDES
permit issued to Bay County.
BACKGROUND: Three petitioners, Bay County Board of
Commissioners, Stone Container Co., and the Legal
Environmental Assistance Foundation (LEAF) submitted
evidentiary hearing requests on the September 1990 NPDES
permit issued to Bay County Municipal Plant #1. Bay
County's plant treats both industrial wastes and municipal
sanitary sewage. In June 1992, the Regional Administrator
denied each of the evidentiary hearing requests. Each of the
petitioners filed timely appeals with the Environmental
Appeals Board (EAB), which subsequently, in light of on-
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4
going negotiations between the parties, granted a stay of
proceedings until January 1993. On January 8, 1993, the EAB
granted EPA's unopposed motion for remand of the proceedings
in light of the permit modification negotiations. A primary
issue in this matter has been whether the Bay County
Wastewater Treatment Facility is a "domestic" facility under
state law. The Draft Permit Modification addresses the
facility as domestic based on the state Temporary Operating
Permit (TOP) issued to the facility and communications with
the State Department of Environmental Protection. Issuance
of the Draft Permit Modification is intended to resolve the
issues raised in the three appeals.
CONTACT: Kevin B. Smith
Water Law Branch
(404) 347-2309, Ext. 2904
9. Early Warning Items:
MOBIL OIL QUESTIONS EPA/S NOVEMBER 1993 DETERMINATION THAT
THEY CAN NOT GET COVERAGE UNDER AN ADMINISTRATIVELY
CONTINUED PERMIT AND NOTICES AN INTENT TO COMMENCE
DISCHARGING
By letter of December 2, 1993, Mobil Oil challenged EPA's
determination that it could not be covered under and
administratively continued 1986 off-shore drilling general
permit. Mobil noticed an intent to commence discharging as
of January 1, 1994.
On July 1, 1992, Mobil obtained, for drilling purposes, four
offshore leases in the Gulf of Mexico. In October 1993,
Mobil sought coverage under the expired, but
administratively continued, general permit covering
exploratory offshore drilling in the Gulf. EPA responded
that coverage under the administratively continued general
permit was not possible because (1) there had been no
transfer of permit coverage at the time of Mobil's purchase
of the leases and (2) new permittees must either obtain an
individual permit or seek coverage under the general permit
at its reissuance. Although Mobil has subsequently
submitted a permit application, in a December 2, 1993
letter, Mobil asserted that it believed that it should be
allowed to be covered under the general permit and that it
-------
5
intended to commence discharging on January 1, 1994. Region
IV is drafting a response to Mobil's letter; Region IV's
position has not changed.
CONTACT: Kevin B. Smith
Water Law Branch
(404) 347-2309, Ext. 2904
10. Weekly Schedule of Absences: None
cc: Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regional Administrator, Region IV
Region IV Office and Division Directors
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4\,v
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: December 17, 1993
SUBJECT: Weekly Report for the Week of 12/13/93 - 12/17/93
1. Projected Litigation Referrals for the 1st Quarter: Five
2. Cases Referred to DOJ This Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: One
GENERAL NOTICE LETTERS ISSUED TO 979 PRPS FOR THE ILCO
SUPERFUND SITE IN LEEDS. ALABAMA AND PRP INFORMATIONAL
MEETING CONDUCTED
IMPACT; On October 29 and November 19, the Region issued
approximately 979 general notice letters to PRPs for the
Interstate Lead Company or "ILCO" Superfund Site in Leeds,
Alabama. In addition, a meeting with the PRPS was held on
December 9, 1993, in Birmingham, Alabama. As a result,
efforts are underway by the PRPs to form a steering
committee for the purposes of negotiating a settlement with
FROM:
Phyllis P. Harris, Chief
CERCLA Branch
TO
John R. Barker
Regional Counsel
EPA
BACKGROUND; ILCO operated a secondary lead smelting and
lead battery recycling facility in Leeds, Alabama from the
1970's until March 1992. ILCO stored furnace slag, battery
-------
-2-
chips and waste water treatment sludge in piles on the ILCO
facility. In addition, furnace slag generated by ILCO and
other waste material was used as fill material at the ILCO
facility and seven satellite areas in and around the City of
Leeds, which are also part of the Superfund Site. Based
upon ILCO's operating records EPA has identified
approximately 979 PRPs, who sent spend batteries or other
lead bearing waste material to the Site.
The Region anticipates early de minimus settlements in this
case, and plans to make de minimus settlement offers to
appropriate PRPs within the next six months.
CONTACT: Andrea Madigan
CERCLA Branch
(404) 347-2641, extension 2284
B. Other Significant Events: One
SOUTHERN SLAG SPPERFOND SITE. SWANSEA. LEXINGTON COUNTY.
SOUTH CAROLINA
IMPACT: Region IV issues Notice of Potential Liability
Letters for removal action at this Site.
BACKGROUND; The Site occupies thirty nine acres.
Approximately ten acres of the Site are utilized for
industrial activities. Since the 1970s, the Site has been
operated as a facility that processed slag to make a product
that was sent to shingle manufacturers for use as head lap
aggregate on roofing shingles. As a result, a large
quantity (an estimated 10,000 tons) of slag and slag fines
are currently stored in exposed stockpiles at the Site. The
slag fines consistently failed the Toxicity Characteristic
leaching Procedure (TLCP) test for lead. EPA conducted a
Remedial Site Assessment on October 4, 1993, and determined
that removal and treatment and/or disposal of the slag and
slag fines was necessary to abate the threat of release of
hazardous substances.
Notice letters were sent to six PRPs including the former
owner, present owner and generators. An initial meeting is
scheduled for December 16, 1993.
CONTACT: Marlene J. Tucker
CERCLA Branch
(404) 347-2641, extension 2242
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
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^t0-sr"v
532
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: December 17, 1993
SUBJECT: Weekly Report for the Week of December 13, 1993
FROM: Carol F. Baschatf&j-^
Branch Chief
RCRA/Air Law Branch
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
NOTICE OF DEPOSITION AND SUBPOENA DUCES TECUM SERVED ON REGION
IV IN RCRA ACTION. UNITED STATES v. MAWTNK RHAT.R PROCESSORS.
INC.. fU.S. DISTRICT COURT. WESTERN DISTRICT OF LOUISIANA!
IMPACT: On December 10, 1993, a subpoena duces tecum and FRCP
Rule 30(b)(6) Notice of Deposition was served on Region IV.
The subpoena requested documents and testimony concerning
waste sent to Marine Shale Processors from sites in Crosby,
Mississippi and Charleston, South Carolina. Also requested
was testimony and documents concerning a visit by a Region IV
employee to Marine Shale Processors and "any and all documents
relating or referring to Marine Shale Processors" in the
possession of Region IV.
BACKGROUND: United States v. Marine Shale Processors. Inc.,
(W.D. La.), which was commenced in 1990, is a RCRA civil
judicial action involving the waste treatment practices of
Marine Shale Processors, located in Region VI. Discovery
closes in the case on December 24, 1993. The deposition is
set for Wednesday, December 22, 1993.
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2
CONTACT: Leif Palmer
RCRA/Air Branch
(404) 347-2335, Ext. 2132
6. Litigation Settled by Negotiation: None
7. Significant Administrative Actions: None
8. Other Significant Events: None
9. Early Warning Items: None
10. Travel: None
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
DATE:
SUBJECT:
FROM:
TO:
December 16, 1993
Weekly Report for the Week of 12/13-17/93
Rowland Heyward, Chief
Water Branch
John R. Barker
Regional Counsel
The purpose of this memorandum is to provide you with the Water
Branch's current contribution to the Weekly Report, as follows:
1.
2.
3.
4.
5.
6.
7.
Projected 1st Quarter Litigation Referrals: One
Cases Referred to DOJ this week: None
Cases Filed by DOJ: None
Cases Initiated Against EPA: None
Significant Court Developments: None
Litigation Settled by Negotiations: None
Significant Administrative Actions:
EPA FILES RESPONSE TO NOTICE OF APPEAL AND PETITION FOR
REVIEW IN NPDES PERMIT MATTER
IMPACT: On December 9, 1993, EPA filed a Response, with the
Environmental Appeals Board, to a Notice of Appeal and
Petition for Review, filed by the City of Port St. Joe,
Florida. In its Response, EPA contested the allegations of
Port St. Joe, which had alleged that EPA's reissuance of an
NPDES draft permit constituted a de facto denial of Port St.
Joe's evidentiary hearing request. EPA asked the Board to
dismiss the Petition for Review.
BACKGROUND: Port St. Joe had indicated to EPA in the spring
of 1993 that it had additional information that had a
bearing on its permit and evidentiary hearing request. EPA
determined that it could not accept that information after
-------
2
the request had been submitted and the record closed, as to
that permit and request. However, EPA subsequently withdrew
the permit and reissued a new draft permit, so as to allow
Port St. Joe to submit any information that had a bearing on
its facility and applicable permit limits. In its Petition
for Review, Port St. Joe alleged that the issuance of the
new draft permit constituted a de facto denial of the City's
request for a hearing. EPA argued that the City had not met
its burden, set forth in 40 C.F.R. Section 124.91,
concerning Petitions for Review. . EPA also argued that it
had acted properly in this proceeding and with full
knowledge of the City. Finally, EPA argued that the City
would be able to advance any (still applicable) objections
it had to the 1990 permit, once the new draft permit is
issued in final form.
CONTACT: Craig Higgason
Water Branch
347-2309 (ext. 2915)
8. Other Significant Events:
EPA ISSUES DRAFT PERMIT MODIFICATION ADDRESSING THREE
EVIDENTIARY HEARING REQUESTS ON NPDES PERMIT ISSPED TO THE
BAY COUNTY WASTEWATER TREATMENT FACILITY. PANAMA CITY.
FLORIDA
IMPACT: On December 9, 1993, EPA publicly noticed a Draft
Permit Modification in this matter. The proposed
modification is intended to resolve three EHRs on the NPDES
permit issued to Bay County.
BACKGROUND: Three petitioners, Bay County Board of
Commissioners, Stone Container Co., and the Legal
Environmental Assistance Foundation (LEAF) submitted
evidentiary hearing requests on the September 1990 NPDES
permit issued to Bay County Municipal Plant #1. Bay
County's plant treats both industrial wastes and municipal
sanitary sewage. In June 1992, the Regional Administrator
denied each of the evidentiary hearing requests. Each of the
petitioners filed timely appeals with the Environmental
Appeals Board (EAB), which subsequently, in light of on-
going negotiations between the parties, granted a stay of
proceedings until January 1993. On January 8, 1993, the EAB
granted EPA's unopposed motion for remand of the proceedings
in light of the permit modification negotiations.
A primary issue in this matter has been whether the Bay
County Wastewater Treatment Facility is a "domestic"
facility under state law. The Draft Permit Modification
addresses the facility as domestic based on the state
Temporary Operating Permit (TOP) issued to the facility and
communications with the State Department of Environmental
-------
3
Protection. Issuance of the Draft Permit Modification is
intended to resolve the issues raised in the three appeals.
CONTACT: Kevin B. Smith
Water Law Branch
FTS 347-2309 x2904
9. Early Warning Items:
MOBIL OIL QUESTIONS EPA'S NOVEMBER 1993 DETERMINATION THAT
THEY CAN NOT GET COVERAGE UNDER AN ADMINISTRATIVELY
CONTINUED PERMIT AND NOTICES AN INTENT TO COMMENCE
DISCHARGING
IMPACT: By letter of December 2, 1993, Mobil Oil challenged
EPA's determination that it could not be covered under and
administratively continued 1986 off-shore drilling general
permit. Mobil noticed an intent to commence discharging as
of January 1, 1994.
BACKGROUND: On July 1, 1992, Mobil obtained, for drilling
purposes, four offshore leases in the Gulf of Mexico. In
October 1993, Mobil sought coverage under the expired, but
administratively continued, general permit covering
exploratory offshore drilling in the Gulf. EPA responded
that coverage under the administratively continued general
permit was not possible because (1) there had been no
transfer of permit coverage at the time of Mobil's purchase
of the leases and (2) new permittees must either obtain an
individual permit or seek coverage under the general permit
at its reissuance. Although Mobil has subsequently
submitted a permit application, in a December 2, 1993
letter, Mobil asserted that it believed that it should be
allowed to be covered under the general permit and that it
intended to commence discharging on January 1, 1994. Region
IV is drafting a response to Mobil's letter; Region IV's
position has not changed.
CONTACT: Kevin B. Smith
Water Law Branch
FTS 347-2309 x2904
10. Travel/Leave: None
-------
/tos^
S UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA, GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE:
SUBJECT:
FROM:
THRU:
TO:
ATTN:
December 27, 1993
Weekly Report for the Week of 12/20/93-12/24/93
John R. Bar
Regional CouWel^ U
Patrick M. Tobin
Acting Regional Administrator
Steven A. Herman
Assistant Administrator for Enforcement (2211)
Robert Banks
Environmental Protection Specialist (2211)
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
CSX CONSENT DECREE ENTERED BY COURT FOR CLEAN WATER ACT
VIOLATIONS
IMPACT: On December 14, 1993, the U.S. District Court for the
Middle District of Florida entered a consent decree executed
by EPA and by CSX Transportation, Inc. (CSX), for alleged
violations of the Clean Water Act at six railroad yards owned
by CSX in Florida and North Carolina. The consent decree
requires CSX to pay a $3,000,000 civil penalty, and to perform
four Supplemental Environmental Projects (SEPs) valued at over
$4,000,000.
BACKGROUND: The Region filed a civil complaint against CSX on
April 10, 1992, alleging that discharges from the six CSX
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2
railyards exceeded limits in their respective National
Pollutant Discharge Elimination System (NPDES) permits for
these facilities. The government filed an amended complaint
and an executed consent decree under which the parties would
settle this matter for $3,000,000 cash and the four SEPs: an
NPDES compliance audit at 21 active CSX yards in Region IV, a
multi-media risk assessment audit at 61 inactive CSX
facilities nationwide, an environmental awareness training
program for CSX managers throughout the corporation, and
development of a best management practices manual and seminar
for storm water runoff at rail road yards. Notice of lodging
of the consent decree was published in the Federal Register on
October 21, 1993.
CSX has 30 days after entry of the decree to pay the
$3,000,000 penalty (by January 14, 1994). CSX has already
begun work on the SEPs.
CONTACT; Alan E. Dion
RCRA/Air Branch
(404) 347-2335 Ext. 2131
6. Litigation Settled by Negotiation: None
7. Significant Administrative Actions:
REGION OFFERS DE MINIMIS SETTLEMENT TO 3^ RMAT.T. QUANTITY
GENERATORS REGARDING CERCLA REMOVAL ACTION AT ENTERPRISE
RECOVERY SYSTEMS SITE IN BYHALIA. MISSISSIPPI
IMPACT: On December 6, 1993, EPA, Region IV, issued offers of
De Minimis settlement, in the form of an Administrative Order
on Consent, to 303 small quantity generators regarding
liability for an ongoing removal action at the Enterprise
Recovery Systems site in Byhalia, Marshall County,
Mississippi. The proposed settlement provides a release from
liability and contribution protection for the small quantity
generators while raising funds to assist major generators in
performing the removal action projected to cost approximately
$1.3 million.
BACKGROUND: The Enterprise Recovery Systems, Inc., facility
operated approximately from 1979 to 1991 as a fuels blending
and solvent recycling facility. Enterprise Recovery Systems,
Inc., ceased operations in October 1991 when its insurer
canceled insurance coverage after discovering significant soil
and groundwater contamination at the site.
On September 27, 1993, EPA, Region IV, executed an
Administrative Order on Consent for a PRP-lead removal action
at the Enterprise Recovery Systems site. The removal action
required under the Order includes arranging for a permanent
-------
3
alternative portable water supply to local residents whose
wells are contaminated by releases from the site, disposing of
waste materials stored in onsite drums and tanks, and
disposing of contaminated soil and debris.
CONTACT: Beth Davis
CERCLA Branch
(404) 347-2641, Ext. 2283
EPA FILES RESPONSE TO NOTICE OF APPEAL AND PETITION FOR REVIEW
IN NPDES PERMIT MATTER
IMPACT: On December 9, 1993, EPA filed a Response, with the
Environmental Appeals Board, to a Notice of Appeal and
Petition for Review, filed by the City of Port St. Joe,
Florida. In its Response, EPA contested the allegations of
Port St. Joe, which had alleged that EPA's reissuance of an
NPDES draft permit constituted a de facto denial of Port St.
Joe's evidentiary hearing request. EPA asked the Board to
dismiss the Petition for Review.
BACKGROUNDs Port St. Joe had indicated to EPA in the spring
of 1993 that it had additional information that had a bearing
on its permit and evidentiary hearing request. EPA determined
that it could not accept that information after the request
had been submitted and the record closed, as to that permit
and request. However, EPA subsequently withdrew the permit and
reissued a new draft permit, so as to allow Port St. Joe to
submit any information that had a bearing on its facility and
applicable permit limits. In its Petition for Review, Port St.
Joe alleged that the issuance of the new draft permit
constituted a de facto denial of the City's request for a
hearing. EPA argued that the City had not met its burden, set
forth in 40 C.F.R. Section 124.91, concerning Petitions for
Review. EPA also argued that it had acted properly in this
proceeding and with full knowledge of the City. Finally, EPA
argued that the City would be able to advance any (still
applicable) objections it had to the 1990 permit, once the new
draft permit is issued in final form.
CONTACT: Craig Higgason
Water Branch
(404) 347-2309, Ext. 2915
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
-------
Gerald H. Yamada, Acting General Counsel
Patrick M. Tobin, Acting Regiona Administrator
Region IV Office and Division Directors
-------
Sr*
_ <\S"
£ \
| ^^2 ? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
% c*-
«< PRO^°
REGION IV
345 COURTLAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: December 27, 1993
SUBJECT: Weekly Report for the Week of December .20, 1993
FROM: Carol F. Basohpir"/ ij*dci?
Branch Chief ^T(V
RCRA/Air Law Branch
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals: None
2. Cases Referred to Headquarters this Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments:
CSX CONSENT DECREE ENTERED BY COURT FOR CLEAN WATER ACT
VIOLATIONS
IMPACT; On December 14, 1993, the U.S. District Court for the
Middle District of Florida entered a consent decree executed
by EPA and by CSX Transportation, Inc. (CSX), for alleged
violations of the Clean Water Act at six railroad yards owned
by CSX in Florida and North Carolina. The consent decree
requires CSX to pay a $3,000,000 civil penalty, and to perform
four Supplemental Environmental Projects (SEPs) valued at over
$4,000,000.
BACKGROUND: The Region filed a civil complaint against CSX on
April 10, 1992, alleging that discharges from the six CSX
railyards exceeded limits in their respective National
Pollutant Discharge Elimination System (NPDES) permits for
these facilities. The government filed an amended complaint
and an executed consent decree under which the parties would
settle this matter for $3,000,000 cash and the four SEPs: an
NPDES compliance audit at 21 active CSX yards in Region IV, a
-------
2
multi-media risk assessment audit at 61 inactive CSX
facilities nationwide, an environmental awareness training
program for CSX managers throughout the corporation/ and
development of a best management practices manual and seminar
for storm water runoff at rail road yards. Notice of lodging
of the consent decree was published in the Federal Register on
October 21, 1993.
CSX has 30 days after entry of the decree to pay the
$3,000,000 penalty (by January 14, 1994). CSX has already
begun work on the SEPs.
CONTACT; Alan E. Dion
RCRA/Air Branch
(404) 347-2335 Ext. 2131
6. Litigation Settled by Negotiations None
7. Significant Administrative Actions: None
8. Other Significant Events: None
9. Early Warning Items: None
10. Travel: None
-------
v _ vy
m
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
N BR0^ REGION IV
345 COURTUAND STREET. N.E.
ATLANTA. GEORGIA 30365
ENFORCEMENT CONFIDENTIAL
MEMORANDUM
DATE: December 27, 1993
SUBJECT: Weekly Report for the Week of 12/20/93 - 12/24/93
FROM: Phyllis P. Harris, Chief
CERCLA Branch
TO: John R. Barker
Regional Counsel
1. Projected Litigation Referrals for the 1st Quarter: Five
2. Cases Referred to DOJ This Week: None
3. Cases Filed by DOJ: None
4. Cases Initiated Against EPA: None
5. Significant Court Developments: None
6. Litigation Settled by Negotiations: None
7. Significant Administrative Actions: One
REGION OFEIECERS DE MINIMIS SETTLEMENT TO 303 SMaT.T. ftTTAMTTTY
GENERATORS REGARDING CERCLA REMOVAL ACTION AT ENTERPRISE
RECOVERY SYSTEMS SITE IN BYHALIA. MISSISSIPPI
IMPACT; On December 6, 1993, EPA, Region IV, issued offers
of De Minimis settlement, in the form of an Administrative
Order on Consent, to 303 small quantity generators regarding
liability for an ongoing removal action at the Enterprise
Recovery Systems Site in Byhalia, Marshall County,
Mississippi. The proposed settlement provides a release
from liability and contribution protection for the small
quantity generators while raising funds to assist major
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generators in performing the removal action projected to
cost approximately $1.3 million.
BACKGROUND; The Enterprise Recovery Systems, Inc., facility
operated approximately from 1979 to 1991 as a fuels blending
and solvent recycling facility. Enterprise Recovery
Systems, Inc., ceased operations in October 1991 when its
insurer canceled insurance coverage after discovering
significant soil and groundwater contamination at the Site.
On September 27, 1993, EPA, Region IV, executed an
Administrative Order on Consent for a PRP-lead removal
action at the Enterprise Recovery Systems Site. The removal
action required under the Order includes arranging for a
permanent alternative portable water supply to local
residents whose wells are contaminated by releases from the
Site, disposing of waste materials stored in onsite drums
and tanks, and disposing of contaminated soil and debris.
CONTACT: Beth Davis
CERCLA Branch
(404) 347-2641, ext. 2283
8. Other Significant Events: None
9. Early Warning Items: None
10. Weekly Schedule of Absences: None
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