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INDUSTRIAL WASTE PROCESSING

Judicial · FY1997 · — · Final Order With Specified Cost Recovery · 52724

Penalty
$50K
Cost recovery
$650K
Compliance action

Case

Case Number
09-1997-0011
Type
Judicial
Lead
EPA
Outcome
Final Order With Specified Cost Recovery
DOJ Docket
90-11-3-797A
Multimedia
N
Self-disclosure
N

Defendants (5)

Summary

ON APRIL 23, 1997, THE UNITED STATES LODGED A CONSENT DECREE WITH THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA IN FRESNO. UNDER THE TERMS OF THE CONSENT DECREE, FOUR POTENTIALLY RESPONSIBLE PARTIES HAVE AGREED TO PERFORM A NON-TIME CRITICAL REMOVAL ACTION FOR THE SOILS OPERABLE UNIT AT THE INDUSTRIAL WASTE PROCESSING SUPERFUND SITE. THE FOUR PRPS ARE: AMERICAN NATIONAL CAN COMPANY; CONTINENTAL CAN COMPANY, INC., REPRESENTED BY CROWN BEVERAGE PACKAGING, INC.; NL INDUSTRIES INC.; AND TRI-VALLEY GROWERS. THE RESPONSE ACTION WILL INVOLVE THE EXCAVATION OF ONSITE AND SURROUNDING OFFSITE SURFACE SOILS CONTAINING LEAD IN EXCESS OF 400 MG/KG AND VOLATILE ORGANIC COMPOUNDS IN EXCESS IF 7 MG/KG, AND THE TRANSPORTATION OF THAT CONTAMINATED SOILS TO AN OFFSITE TREATMENT AND DISPOSAL FACILITY. IN ADDITION TO PERFORMING THE RESPONSE ACTION THE SETTLING PRPS WILL PAY $500,000 IN PAST COSTS. (UNDER A PRIOR ADMINISTRATIVE SETTLEMENT EPA RECEIVED PAYMENT OF APPROXIMATELY $1.3 MILLION IN PAST COSTS). EPA IS ALSO IMPLEMENTING THE ORPHAN SHARE REFORM AT THE SITE BY PROVIDING FOR A REDUCTION OF OVERSIGHT COSTS IN THE AMOUNT OF $163,000. IWP CONDUCTED OPERATIONS AS AN INDUSTRIAL WASTE RECLAMATION FACILITY BETWEEN 1966 AND 1981. DURING IWP'S YEARS OF OPERATION VARIOUS TYPES OF INDUSTRIAL WASTES WERE SENT TO THE SITE, INCLUDING SPENT SOLV

Source

Authoritative
EPA ECHO
Machine
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