# TEXAS DEPARTMENT OF TRANSPORTATION
> **Judicial** · FY1995 · — · Final Order No Penalty
## Case
- **Activity ID:** `36054`
- **Case Number:** 06-1995-0180
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order No Penalty
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- TEXAS DEPARTMENT OF TRANSPORTATION (complaint) (settlement)
## Summary

1. SECTION 104(E) OF THE COMPREHENSIVE ENVIRONMENTAL RESPON-    SE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C.    SEC. 9604(E).                                             2. TEXAS DEPARTMENT OF TRANSPORTATION                           COUNTY OF DALLAS                                             RSR CORP.                                                    SUPERFUND SITE OU NO. 3                                      DALLAS, TEXAS                                             3. REGION 6 ON JAN. 26, 1995 ISSUED AN ADMINISTRATIVE ORDER     FOR ACCESS PURSUANT TO SECTION 104(E) OF CERCLA TO GAIN      ACCESS TO PROPERTY LOCATED AT OPERABLE UNIT NO. 3 ( OU )     OF THE RSR CORP. SUPERFUND SITE ( RSR SITE ) LOCATED IN      DALLAS, TEXAS. IMMEDIATE ACCESS IS NEEDED IN ORDER TO        CONDUCT A REMEDIAL INVESTIGATION AT OU NO. 3.                EPA ISSUED THE AO TO THE TX. DEPT. OF TRANSPORTATION AND     THE COUNTY OF DALLAS AND PROVIDED EACH RESPONDENT FIVE       DAYS FROM RECEIPT OF THE AO TO NOTIFY THE REGION WHETHER     IT INTENDED TO COMPLY. ON FEB. 2, 1995 THE COUNTY OF DAL-    LAS NOTIFIED REGION 6 TO THE EXTENT IT HAS AOTHORITY, IT     INTENDS TO COMPLY WITH THE AO. HOWEVER, ON FEB. 7, 1995,     AFTER BEING GRANTED A TWO DAY EXTENSION TO RESPOND BY EPA    TXDOT NOTIFIED THE REGION THAT IT WOULD NOT COMPLY WITH      THE AO AND WOULD INSTEAD  SEEK APPROPRIATE RELIEF IN THE     FEDERAL COURT SOMETIME LATER THIS WEEK.                   4. RELIEF SOUGHT PURSUANT TO SECTION

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