EPA v. DERBY, CITY OF

Case summary

THIS CASE IS A CERCLA SECTION 107 COST RECOVERY ACTION AGAINST THE CITY OF DERBY, CT, FOR 2 IMMEDIATED REMOVAL ACT- IONS UNDERTAKEN BY EPA IN WHICH APPROX 900 DRUMS CONTAINING HAZARDOUS SUBSTANCES WERE REMOVED FROM PROPERTY OWNED BY THE CITY. IN THE 1ST REMOVAL ACTION (MAR-APR 1983) ABOUT 200 DRUMS WERE REMOVED IN ORDER TO STABILIZE THE AREA IN PREPARA TION FOR LONGER-TERM REMEDIAL ACTION. SUBSEQUENTLY, SIGNI- FICANT EROSION IN AREA CONTAINING THE REMAINING DRUMS OC- CURRED & EPA HAD TO UNDERTAKE A 2ND IMMEDIATE REMOVAL ACTION (SEPT 1984-JAN 1985) IN WHICH THE REMAINING APPROX 700 DRUMS WERE REMOVED FROM THE SITE. ON FEB 25, 1983, THE BURIED DRUMS WERE DISCOVERED AT O'SULLIVAN'S ISLAND, A PENINSULA AT THE CONFLUENCE OF 2 MA- JOR CONNECTICUT RIVERS, THE HOUSATONIC & THE NAUGATUCK IN DERBY, CT, BY A CONTRACTOR WORKING AT THE SITE FOR THE CITY. WILLIAM KOROLYSHUM WAS DREDGING FOR CLEAN COVER MATERIAL TO BE USED AT THE CITY LANDFILL WHEN THE BANK OF THE LAGOON COLLAPSED, EXPOSING APPROX 20 DRUMS & CAUSING ABOUT 10 DRUMS TO FALL INTO THE WATER. KOROLYSHUM OBSERVED THAT A FISH KILL HAD OCCURRED WHERE THE DRUMS HAD BEEN IN THE WATER. SAMPLES WERE TAKEN FROM CONTAMINATED LAGOON WATER, THE SOIL NEAR LEAKING DRUMS ON SHORE, & A DRUM CONTAINING LI- QUID. ANALYSES INDICATED THE PRESENCE OF METHYL ISOBUTYL KETONE, TOLUENE, & 1,1,1,-TRICHLOROETHYLENE, ALL HAZARDOUS SUBSTANCES AS DEFINED IN CERCLA SECT 101(14). THE 1ST IMMEDIATE REMOVAL ACTION BEGAN ON 3/16/83. BY 4/83, 197 DRUMS & 92 CU. YDS OF CONTAMINATED SOIL THAT WERE EXCAVATED DURING DRUM REMOVAL WERE TAKEN FROM THE SITE & DISPOSED OF AT RCRA-APPROVED FACILITIES. TEST PITS DUG AD- JACENT TO SITE IN LATE MARCH 1983 REVEALED PRESENCE OF AN ADDITIONAL 300-500 DRUMS. THESE WERE DETERMINED TO BE STA- BLE & WERE LEFT IN PLACE. EPA CONTRACTORS CONTINUED TO MON- ITOR THE SITE. IN EARLY AUGUST 1984, SIGNIFICANT EROSION OF THE WESTERN PORTION OF O'SULLIVAN'S ISLAND HAD OCCURRED. IT WAS CONCLUDED THAT AN IMMINENT & SUBSTANTIAL RISK OF HARM EXISTED & THAT FURTHER REMOVAL ACTIONS WERE NECESSARY. THE 2ND IMMEDIATE REMOVAL ACTION BEGAN ON 9/17/84, & DRUMS WERE REMOVED & THEIR CONTENTS ANALYZED. 73 LIQUID- CONTAINING DRUMS WERE SAMPLED & WERE FOUND TO BE STRONGLY PHENOLIC; SOME CONTAINED PCB'S. SOIL SAMPLES WERE ALSO FOUND TO CONTAIN PCB'S. THIS REMOVAL ACTION WAS COMPLETED BY 1/85; 694 DRUMS WERE REMOVED & DISPOSED OF AT RCRA-AP- PROVED FACILITIES. THE TOTAL COSTS INCURRED BY THE FED GOVT AS OF 7/31/85 TOTAL $214,732.33. PURSUANT TO RCRA SECT 3007 & CERCLA SECT 104, EPA SENT OUT INFORMATION REQUESTS CONCERNING THE DRUMS AT THE SITE. THOSE SENT TO THE PAST & CURRENT MAYORS HAVE RESULTED IN NO RESPONSES. REQUESTS WERE SENT TO ALLEN BEARD, THE PERSON WHO IS PURPORTED TO HAVE WORKED AS CONTRACTOR FOR THE TOWN AT THE SITE WHEN THE DRUMS MAY HAVE BEEN BURIED THERE; NO RESPONSES TO DATE. OBJECTIVES OF LITIGATION: EPA IS SEEKING AN ORDER THAT WOULD FIND THE CITY OF DERBY LIABLE FOR THE RESPONSE COSTS INCURRED BY THE GOVT. THE SITE IS NOT LISTED ON THE NPL & NO FURTHER CONTAMINATION AT THE SITE WARRANTS FURTHER EPA INVOLVEMENT. THUS, THE SECT 107 CLAIM IS THE ONLY ONE FOR THE SITE. DERBY IS THE SMALLEST CITY IN CONNECICUT IN TERMS OF AREA & IS ECONOMICALLY DEPRESSED. IT IS UNCERTAIN TO WHAT EXTENT IT WILL BE ABLE TO REIMBURSE THE FUND IF A JUDGEMENT IS OBTAINED. MORE INFO MUST BE OBTAINED CONCERNING THE CITY'S FINANCIAL SITUATION. A COMPLAINT WAS FILED IN FEBRUARY 1986 THAT SOUGHT COST RECOVERY AND INJUNCTIVE RELIEF AND PENALTIES FOR TOWN'S FAILURE TO ANSWER EPA INFORMATION REQUESTS. OTHER POSSIBLE PRPS ARE BEING INVESTIGATED. EVIDE

Defendants (1)

• DERBY, CT CITY OFNamed in complaintNamed in settlement

Facilities (1)

• O'SULLIVAN'S ISLAND

  HOUSATONIC RIVER, DERBY, CT, 06418

  Registry ID: 110009281669

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• DERBY, CITY OFentered 1987-12-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-05Referred To Dept Of Justice
• 1986-02-26Complaint Filed With Court
• 1987-12-07Final Order Lodged
• 1987-12-07Concluded
• 1987-12-07Final Order Entered
• 1990-01-15Enforcement Action Closed