EPA v. KOGUTS NURSERY SUPERFUND SITE

Case summary

ON JULY 16, 2001 THE REGION SIGNED A CERCLA 122H AGREEMENT FOR RECOVERY OF PAST COSTS AT THE KOGUT'S NURSERY SUPERFUND SITE IN SUFFIELD, CT. THE AGREEMENT BECAME EFFECTIVE FOLLOWING A 30 DAY PUBLIC COMMENT PERIOD. UNDER THE AGREEMENT, THE SETTLING PARTY, KOGUT ENTERPRISES INC. HAS AGREED TO REIMBURSE THE U.S. $165,000, PLUS INTEREST, FOR COSTS INCURRED BY EPA IN CONDUCTING A REMOVAL ACTION AT THE SITE. THE SETTLING PARTY SHALL MAKE AN INITIAL $30,000 PAYMENT WITH THE BALANCE PAYABLE IN EIGHT EQUAL INSTALLMENTS OVER APPROXIMATELY TWO YEARS. INTEREST ACCRUED ON THE UNPAID BALANCE WILL BE ADDED TO EACH INSTALLMENT PAYMENT. KOGUT OWNED THE SITE IN 1987. AT THAT TIME, TWENTY TONS ON ZINEB (ZINC ETHYLENEBISDITHIOCARBAMATE) AND SMALLER QUANTITIES OF OTHER FUNGICIDES WERE STORED IN A STRUCTURE ON THE SITE THAT BURNED DOWN. THE FUNGICIDE REMAINING AFTER THE FIRE, PRIMARILY ZINEB DUST, ALONG WITH CONTAIMINATED DEBRIS, WAS PLACED INTO DRUMS BY A CONTRACTOR HIRED BY KOGUT THE DRUMS WERE NEVER DISPOSED. IN 1996 THESE 236 DRUMS OF MATERIAL FROM THE FIRE WERE DETERIORATING AND SOME WERE STORED SO THAT THEY WERE ROUTINELY EXPOSED TO WEATHER (I.E. PRECIPITATION). BASED UPON ITS INVESTIGATION OF THE SITE, EPA DETERMINED THAT ACTUAL OR THREATENED RELEASES OF HAZARDOUS SUBSTANCES AT THE SITE, IF NOT ADDRESSED BY IMPLEMENTING THE SELECTED RESPONSE ACTION, WOULD PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT. THROUGH EPA'S REMOVAL ACTION 235 85-GALLON OVERPACK DURMS, FOUR 110 GALLON OVERPACK DRUMS AND 13 55 GALLON DRUMS OF HAZARDOUS SUBSTANCES WERE REMOVED FROM CLIENTS PROPERTY AND TRANSPORTED TO A CERCLA APPROVED TREATMENT AND DISPOSAL FACILITY IN ARKANSAS.

Defendants (1)

• KOGUT NURSERYNamed in complaintNamed in settlement

Facilities (1)

• KOGUT'S NURSERY

  1012 MOUNTAIN ROAD, WEST SUFFIELD, CT, 060933502

  Registry ID: 110009328842

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• KOGUTS NURSERYentered 2001-07-16

  Primary law: CERCLA

Timeline (3 milestones)

• 2001-07-16Complaint Filed/Proposed Order
• 2001-07-16Final Order Issued
• 2001-10-05Enforcement Action Data Entered