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DEQ: JH Baxter cleanup advancing but Superfund listing and cost recovery remain ongoing challenges
Summary
The Oregon Department of Environmental Quality told lawmakers that EPA time-critical removal actions have removed and are decommissioning hazardous tanks at the former JH Baxter wood-treating facility in Eugene, residential yard cleanups have been completed for seven properties with at least four more urgently needed, and criminal and civil cases
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The Oregon Department of Environmental Quality told the Senate Committee on Veterans, Emergency Management, Federal and World Affairs that cleanup work is underway at the former JH Baxter wood‑treating facility in Eugene, but that substantial investigation, long-term remediation and cost recovery remain to be completed.
"This facility began operation in the forties and was active up until January of 2022," Keith Anderson, DEQ Western Region administrator, told the committee. Anderson said the site contained creosote, pentachlorophenol compounds and arsenic-copper preservatives, and that EPA initiated a time‑critical removal action in August to decommission tanks and remove the most hazardous material.
Anderson said the EPA removal action has an estimated budget of about $10 million and is expected to wrap up in the spring, but he cautioned that contamination will remain on- and off-site and that longer-term investigation and cleanup will be necessary. DEQ has completed cleanup in seven residential yards north of the facility and identified at least four more that need urgent work; the agency used its orphan cleanup fund to support residential removals and is seeking additional funds.
DEQ said it has pursued civil penalties and recovery of cleanup costs. The agency reached a settlement with the company in 2022 but has not obtained settlement funds. DEQ has placed liens on Baxter-owned properties in Oregon, California and Washington and is working with the Oregon Department of Justice to pursue recovery. Anderson gave a late-breaking update that the U.S. Attorney for the District of Oregon filed criminal charges and that Krause Baxter (the parent company) pleaded guilty to four felony counts in November 2024; Anderson said a press release from the U.S. Attorney's Office was issued that morning.
Anderson said a Superfund listing remains pending: EPA made a proposed listing formal in September 2024 after Governor Tina Kotek sent a concurrence letter in June; DEQ expects final listing later in the spring. He said Superfund designation would enable broader federal investigation and remedy selection for remaining on- and off-site contamination, and stressed that the process will take years and require ongoing operation and maintenance, including operation of a site groundwater pump-and-treat system.
Committee members asked about the scale of impacts, health monitoring and recovery of costs. Anderson said DEQ has accounted for roughly $2.5 million in state cleanup costs to date and that the criminal case and property liens may affect cost recovery but that recovery is uncertain. He said DEQ would continue community engagement through a community engagement core team and would return with updates as work advances.
