EPA v. PICILLO

Case summary

THIS IS AN ACTION UNDER CERCLA SECTION 107 TO RECOVER PAST RESPONSE COSTS & TO ESTABLISH LIABILITY IN FUTURE COSTS TO BE INCURRED UNDER SECTION 104. THE PICILLO FARM SITE IS LOCATED 1 MI SW OF INTERSEC- TION OF RT 102 & PERRY HILL RD IN COVENTRY, RI. WARREN PICILLO, SR. & HIS WIFE SELINA PICILLO HAVE OWNED THE SITE FROM 1967 UNTIL THE PRESENT, DURING WHICH TIME DISPOSAL OPER ATIONS & RESPONSE ACTIVITIES TOOK PLACE. ABOUT 10,000 DRUMS CONTAINING HAZARDOUS SUBSTANCES WERE ILLEGALLY DISPOSED OF W/IN AN 8-ACRE AREA OF THE PROPERTY BETWEEN JULY 1977 & OCT 1977. BULK DUMPING ALSO OCCURRED THEN. AT LEAST 4 TRENCHES WERE USED FOR THIS DISPOSAL. IN SEPT 1977, A FIRE & EXPLOSION AT SITE BROUGHT THE DUMPING ACTIVITIES TO ATTENTION OF REGULATORY AGENCIES. THE RI DEM HIRED A CONTRACTOR TO BEGIN CLEANUP ACTIVITIES. EXCAVATION OF NE TRENCH BEGAN IN SEPT 1980, W/REMOVAL OF 2,314 BARRELS CONTAINING ABOUT 9,000 GAL OF LIQUID WSTE. SOILS FROM EXCA- VATION ACTIVITIES CONTAMINATED W/PCB'S & OTHER ORGANICS WERE STOCKPILED IN SE CORNER OF THE SITE & DESIGNATED THE PCB PILE. IN JUNE 1981, THE REMAINING 4,500 BARRELS BURIED IN THE NW TRENCH WERE EXCAVATED. BY MAY 1982, 3,300 BARRELS BURIED IN THE W & S TRENCHES WERE EXCAVATED. CONTAMINATED SOILS FROM THESE AREAS WERE STOCKPILED AT SO. END & NEAR THE CENTER OF SITE. THESE PILES CONTAINED HIGH CONCENTRATIONS OF PHENOLS. AN ENGINEERING FEASIBILITY STUDY WAS COMPLETED IN APR 1985 TO ASSESS THE THREAT OF CONTAMINANTS FOUND AT THE SITE. OBJECTIVES OF THE LITIGATION: EPA SEEKS TO ESTABLISH THAT EA. DEF IS JOINTLY & SEVERAL LY LIABLE FOR RELEASE OF HAZARDOUS SUBSTANCES, & FOR THE COSTS EPA HAS INCURRED & WILL CONTINUE TO INCUR IN RESPOND- ING TO ANY FUTURE RELEASES. AS DAMAGES, EPA SEEKS TO RE- COVER ITS PAST COST OF APPR. $4,183,095, ITS APPR. $900,000 SHARE OF THE COST-EFFECTIVE REMEDY FOR THE WASTES THAT RE- MAIN ON SITE, & OVERSIGHT COSTS. SIGNIFICANT NATIONAL OR PRECEDENTIAL ISSUES: 2 SIGNIFICANT ISSUES ARE PRESENT: 1) EPA WILL ATTEMPT TO EXPAND TERM OPERATOR TO ESTABLISH LIABILITY OF 1 GROUP OF DEFS (CAPAUNO BROS & THEIR CO'S) THAT OPERATED THE SITE W/O BEING EMPLOYED BY SITE OWNERS; & 2) EPA WILL ATTEMPT TO ESTABLISH THAT GENERATORS THAT SEND WASTES TO CENTRAL SITE WHERE IT IS COMMINGLED W/OTHER GENERATORS' WASTES & THEN SENT TO SEVERAL DIFFERENT REMOTE SITES ARE LIABLE FOR THE CENTRAL SITE & THE REMOTE SITES EVEN IF EPA CANNOT PROVE, DUE TO THE CENTRAL SITE'S COMMINGLING ACTIVITY, AT WHICH RE- MOTE SITE(S) PARTICULAR GENERATORS' WASTES ENDED UP. ALSO, BECAUSE FUNDS WERE SPENT PRE-1983, STATUTE OF LIMI TATIONS ISSUES ARE PRESENT. AN ADDITIONAL ISSUE EXISTS AS TO WHETHER FUNDS THAT WERE SPENT PRIOR TO THE ENACTMENT OF CERCLA ARE RECOVERABLE.

Defendants (7)

• ASHLAND OILNamed in complaintNamed in settlement
• CAPUANO, DANIEL ET ALNamed in settlement
• GAF CORP.Named in complaintNamed in settlement
• GENERAL ELECTRICNamed in complaintNamed in settlement
• HYDRON LABORATORIESNamed in settlement
• MONSANTONamed in complaintNamed in settlement
• RUTGERS, THE ST. UNIV. OF NJ.Named in settlement

Facilities (1)

• PICILLO PERFORMING SETTLING DEFENDANTS

  PERRY HILL RD, COVENTRY, RI, 02816

  Registry ID: 110009310030

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (4)

• ASHLAND CHEMICAL CO ET ALentered 1988-04-14

  Primary law: CERCLA

  Federal penalty: $75,000

• CAPUANO, DANIEL ET AL.entered 1988-04-22

  Primary law: CERCLA

• RUTGERS, THE ST. UNIV. OF N.J.entered 1989-05-02

  Primary law: CERCLA

• HYDRON LABORATORIESentered 1988-12-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1982-06-18Enforcement Action Data Entered
• 1987-08-26Referred To Headquarters
• 1987-09-04Referred To Dept Of Justice
• 1987-09-16Complaint Filed With Court
• 1989-05-02Final Order Lodged
• 1989-05-02Final Order Entered
• 1989-05-02Concluded