Enforcement

Case Summary: EPA Settles with De Minimis Parties at Malone Service Company Superfund Site

In fiscal year 2011, Region 6 completed the last of several administrative de minimis settlements with over 200 de minimis parties for recovery of over $ 8.4 million in past costs, future costs, and premiums for future uncertainties dealing with the Malone Service Company Superfund Site.

The settlements were reached in three phases (and memorialized in three separate administrative orders). The settlers constitute a broad range of commercial entities that each contributed less than 0.6% (the de minimis cut-off for this site) of the waste at the site.

EPA plans to use some of the money recovered as a result of the de minimis settlements for a disbursement account, in order to encourage the major parties to enter into an remedial design/remedial action (RD/RA) consent decree.

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Malone Service Company Superfund Site
Pollutants and Environmental Effects
Comment period
Contact Information

Malone Service Company Superfund Site

The Malone Service Company NPL Site is located on Galveston Bay in Texas City, Texas. The Site was operated by the Malone Service Company as a permitted waste disposal facility for more than 30 years. Operations at the site stopped in 1997. The site is located in an industrial and petrochemical area, on the shores of Swan Lake and Galveston Bay. More information on Malone Service Company Superfund Site (PDF) (7pp, 306K, About PDF) is available on the Region 6 website.

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Pollutants and Environmental Effects

The principal contaminants of concern at this site are the myriad of organic and inorganic chemical wastes in the form of liquids, sludges and solids present in the above ground storage tanks, the API separators, the settling pond, and the surface soils of some of the secondary containment areas on the site.

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Comment period

The three administrative orders were each subject to a 30-day public comment period, followed by approval by the Region 6 Superfund Division Director in May 2009 (Phase A), March 2010 (Phase B), and October 2010 (Phase C).

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Contact

For more information, contact:

Anne Foster
Assistant Regional Counsel
U.S. Environmental Protection Agency
Region 6
1445 Ross Avenue
Dallas, Texas 75201
214-665-2169

Brian Motto
Attorney-Advisor
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
202-564-6009

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