Nueces county Corpus refineries

ASARCO Inc.
TNRCC Agreed Order

March 24, 1999
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ASARCO agreed order

Above is a link to the scanned copy of page 1 of the Agreed Order the TNRCC issued to ASARCO, Inc on March 24, 1999.

Below are each of the scanned images of the 7 page document. The scanned image files are readable. Each gif file averages about 30kb.

Page 1, Page 2, Page 3, Page 4,
Page 5, Page 6, Page 7

The text of the Agreed Order is detailed below.

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TEXAS NATURAL RESOURCE CONSERVATION COMMISSION

DOCKET NO. 97-0719-IHW-E
SOAH DOCKET NO. 582-97-189
 
IN THE MATTER OF
ASARCO INCORPORATED,
SWR NO. 30003,
ENFORCEMENT ID NO.1017
  BEFORE THE
  TEXAS NATURAL RESOURCE
  CONSERVATION COMMISSION
 
AGREED ORDER

I. JURISDICTION AND STIPULATIONS

At its MAR 24 1999 agenda, the Texas Natural Resource Conservation Commission ("Commission" or "TNRCC") considered this agreement of the parties, resolving an enforcement action regarding ASARCO Incorporated ("ASARCO") under the authority of the Texas Solid Waste Disposal Act, TEX. HEALTH AND SAFETY CODE ch. 361 (the "Act"), and TEX. WATER CODE (the "Code"), ch. 26. The Executive Director of the TNRCC, represented by the Litigation Support Division, and ASARCO, represented by Keith Hopson of the law firm of Brown McCarroll & Oaks Hartline, L.L.P. appear before the Commission and together stipulate that:

  1. ASARCO owned and operated a zinc refinery and smelter, the "Facility", located at 5500 Up River Road, Corpus Christi, Nueces County, Texas. ASARCO operated the Facility from 1942 until 1985. Encycle/Texas, Inc., a subsidiary of ASARCO, began operations at the site in 1988.

  2. During the time that it operated the Facility ASARCO managed and disposed of industrial solid wastes and industrial hazardous wastes as defined in the Act.

  3. The Commission and ASARCO agree that the Commission has jurisdiction to enter this Agreed Order, and that ASARCO is subject to the Commission's jurisdiction.

  4. ASARCO was advised of the facts that form the basis of the Executive Director's allegations during a meeting held at the Commission's Corpus Christi Regional office on May11, 1994.

  5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not constitute an admission by ASARCO of any violation alleged in Section II ("Allegations"), nor of any statute or rule.

  6. Administrative penalties in the amount of forty thousand dollars ($40,000) are assessed by the Commission in settlement of the violations alleged in Section II ("Allegations"). ASARCO has paid forty thousand dollars ($40,000) of the administrative penalties.

  7. Any notice and procedures which might otherwise be authorized or required in this action are waived in the interest of a more timely resolution of the matter.

  8. The Executive Director of the TNRCC and ASARCO have agreed on a settlement of the matters alleged in this enforcement action subject to the approval of the Commission.

  9. The Executive Director recognizes that ASARCO has implemented the following corrective action measures:

    • ASARCO has assessed and remediated the impacted off-site "Dona Park" and "Manchester" neighborhoods, as evidenced by the "Draft Final Report. Residential Soils Replacement Project, Dona Park and Manchester Place Properties, Corpus Christi, Texas" dated May 1997, and approved by the TNRCC in July l998.

    • In addition, ASARCO has determined the extent of contamination for other properties located adjacent to and west of the Dona Park and Manchester Place properties, as evidenced by the "Report of Field Sampling Activities for Properties Adjacent to Dona Park and Manchester Place Neighborhood, Corpus Christi, Texas" dated March 1997, and approved by the TNRCC in August 1997.

  10. The Executive Director may, without further notice or hearing, refer this matter to the Office of the Attorney General of the State of Texas ("OAG") for further enforcement proceedings if the Executive Director determines that ASARCO has not complied with one or more of the terms or conditions in this Agreed Order.

  11. This Agreed Order is not intended to become a part of ASARCO's compliance history.

  12. This Agreed Order shall terminate five years from its effective date or upon compliance with all the terms and conditions set forth in this Agreed Order, whichever is later.

  13. The provisions of this Agreed Order are deemed severable and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Agreed Order unenforceable, remaining provisions shall be valid and enforceable.

II. ALLEGATIONS
ASARCO, as owner and operator of the Facility, is alleged to have violated:

The Code 26.121 and 30 TEX ADM. CODE 335.4 by allowing the discharge of waste containing lead, cadmium and zinc into or adjacent to water in the state.

III. DENIALS

ASARCO generally denies each allegation in Section II ("Allegations").

IV. ORDER

  1. It is, therefore, ordered by the TNRCC that ASARCO pay administrative penalties in the amount of forty thousand dollars ($40,000), as set forth in Section 1, Paragraph 6 above The imposition of these administrative penalties and ASARCO's compliance with all the terms and conditions Set forth in this Agreed Order resolve only those matters described here The Commission shall not be constrained in any manner from requiring corrective action or penalties for violations which are not raised here Administrative penalty payments shall be sent with the notation "Re: ASARCO Incorporated, Docket No. 97-0719-IHW-E" to:

    Financial Administrative Division, Revenues
    Attention: Cashier's Office, MC 214
    Texas Natural Resource Conservation Commission
    P.O. Box 13088
    Austin, Texas 18711-3088

  2. It is further ordered that ASARCO shall undertake the following technical requirements:

    • a. Within 30 days after the effective date of this Agreed Order, ASARCO shall submit to the Executive Director for review, possible modification, and approval, a Corrective Action Plan for remediating in accordance with 30 TEX. ADMIN. CODE ch. 335, subchapter S, the remaining off-site impacted areas adjacent to the subject facility that are depicted on the site map affected hereto and incorporated herein as Attachment A. The Plan must include a schedule of activities and a provision for submittal of a final closure/remediation report.

    • b. Upon receipt of written approval from the Executive Director, ASARCO shall implement the Corrective Action Plan including any required modifications in accordance with the approved schedule contained in the plan.

    • c. Within 45 days of completing all activities in the corrective action plan, ASARCO shall submit to the Executive Director for review, possible modification and approval a closure/remediation report in accordance with 30 Tex. ADMIN. CODE ch. 335 Subchapter S. The purpose of the report is to document and certify the complete implementation of the corrective action plan and describe final site conditions, including the results of verification sampling.

    • d. ASARCO shall notify the Corpus Christi Regional office in writing at least ten days prior to undertaking any remedial activities pursuant to this Agreed Order.

    • e. Submit all documentation required by these Order Provisions in duplicate to:

      Mac Vilas, Technical Specialist Waste Section MCl28
      Enforcement Division
      Texas Natural Resource Conservation Commission
      P.O. Box 13087
      Austin Texas 78412-5503

      With a copy to:

      Russell Lewis, Manager
      Waste Section
      Corpus Christi Regional Office, MCR-14
      Texas Natural Resource Conservation Commission
      6300 Ocean Drive
      Corpus Christi, Texas 78412-5503

  3. The provisions of this Agreed Order shall apply to and be binding upon ASARCO. ASARCO is ordered to give notice of the Agreed Order to personnel who maintain day-to-day control over the Facility operations referenced in the Agreed Order.

  4. If ASARCO fails to comply with any of the technical requirements in this Agreed Order within the prescribed schedules, and that failure is caused by an act of God, war, or an act or omission of a third person, liability that would otherwise be imposed by the Act for a violation of the terms of this Agreed Order shall not be imposed upon ASARCO, as long as ASARCO meets the conditions in the Act 361.275. ASARCO shall have the burden of establishing to the Executive Director's satisfaction that such an event has occurred ASARCO shall notify the Executive Director within seven days after ASARCO becomes aware of a delaying event and shall take all reasonable measures to mitigate and minimize the delay.

  5. The Executive Director may grant an extension of any deadline in this Agreed Order or in any plan, report, or other document submitted pursuant to this Agreed Order, upon a written and substantiated showing of good cause All requests for extensions by ASARCO shall be made in writing to the Executive Director. Extensions are not effective until ASARCO receives written approval from the Executive Director. The determination of what constitutes good cause rests solely with the Executive Director.

  6. This Agreed Order, issued by the Commission, shall not be admissible against ASARCO in civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of this Agreed Order; or (2) pursue violations of the TEX. WATER CODE or the TEX. HEALTH & SAFETY CODE.

  7. The Chief Clerk shall provide a copy of this Agreed Order to each of the parties. By law the effective date of this Agreed Order is the mailing date, as provided by 30 TEX. ADMIN. CODE 70.10(8b).

Signature page

Sectors to be Remediated
Figure 1-2 Attachment -
Sectors To Be Remediated
 
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