EPA v. HOOKER CHEM-LOVE CNL

Case summary

HOOKER (LOVE CANAL) THIS IS 1 OF 4 LAWSUITS FILED AGAINST HOOKER IN THE NIAGARA FALLS AREA ON DEC 20, 1979. HOOKER DISPOSED OF APPROX 20000 TONS OF HAZARDOUS WSTES AT SITE FROM EARLY 1940S - 1953. IN 1953 HOOKER SOLD PROPERTY TO THE NIAGARA FALLS BRD OF EDUC FOR $1 IN ORDER TO PROVIDE A SITE FOR AN ELEMENTARY SCHOOL. CHEM FROM THE LANDFILL HAVE BEEN DETECTED IN THE AIR, GRNDWTR, & SOIL NEAR HOMES NEAR SITE (OVER 10 PARTS/MIL OF DIOXIN WAS DETECTED IN THE SEDIMENTS IN SUMPS OF HOMES ADJACENT TO CANAL). THE STATE OF NY DECLARED AN EMERGENCY & RELOCATED 2 BLKS (OR RINGS) OF HOMES IN AUG 1978. A TILE DRAIN COLLECT'N SYSTEM & A CARBON TREATM'T SYS WERE INSTALLED BY THE STATE W/ FINANCIAL ASSISTANCE FROM EPA IN 1979 TO STOP THE MIGRATION OF CHEM FROM LANDFILL. IN 1980, THE PRESIDENT DECLARED LOVE CANAL AREA A DISASTER AREA & AUTHORIZED TEMP RELOCATION. UNDER A STATUTE PASSED BY CONGRESS, THE RESIDENTS IN AREA OF RELOCATION WERE OFFERED FAIR MKT VALUE FOR THEIR HOMES. THIS CASE IS NATIONALLY MANAGED BY EPA HEADQRTRS. EPA'S LOVE CANAL MONITORING STUDY HAS FURTHER DOCUMENTED MIGRATION OF CHEM FROM THE CANAL. HHS HAS DETERMINED THAT THE LEVEL OF CHEM IN SOIL INSIDE 1ST 2 RINGS & IN SEDIMENTS IN STORM SEWERS & STREAM SEDIMENTS PRESENT A HEALTH HAZARD & MUST BE REMEDIED. EPA IS IMPLEMENTING A CERCLA CONTAINMENT PLAN WHICH PROVIDES FOR CAPPING THE SITE, AND CLEANUP OF STORM SEWERS & LOCAL CREEKS. EPA HAS SENT HOOKER A NOTICE LETTER, AND A DEMAND LETTER. * FACILITY NAME: HOOKER CHEMICALS & PLASTICS 345 THIRD AVE NIAGARA FALLS, N.Y. 14303 OWNERSHIP: PRIVATE SIC CODE: 2821, 2812 & 2869 EPID# NYD071467799 * NOTE: 1ST PARTIAL CD WAS LODGED W/ COURT 12/21/95 & WAS ENTERED BY THE COURT 3/19/96 CD NAME: OCCIDENTIAL CHEMICAL, ET ALL; COST RECOVER AWARDED TO BE PAID IN FOUR INSTALLMENTS * -1ST PAYMENT OF $26,803,948 WAS RECEIVED 6/17/96. * CONSENT DECREE MODIFICATION LODGED W/ COURT NOV. 13, 1996. * FINAL ACTION ON NATIONAL LEAD CASE FOR LOVE CANAL. DECREE ENTERED BY THE COURT ON 1/14/97.

Defendants (8)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• BOARD OF EDUC, CITY OF NIAGARANamed in complaint
• NIAGARA FALLS, CITY OFNamed in complaint
• NIAGARA, COUNTY OFNamed in complaint
• OCCIDENTAL CHEMICAL HOLDING CONamed in complaint
• OCCIDENTAL PETROLEUM CORPNamed in complaint
• OCCIDENTAL PETROLEUM INVEST CORPNamed in complaint
• OXY CHEMICAL CORPNamed in complaint

Facilities (1)

• HOOKER CHEMICALS & PLASTICS

  345 THIRD AVE, NIAGARA FALLS, NY, 14303

  Registry ID: 110010601170

Statutes cited

• CWA 504 — Emergency Powers
• CERCLA 106 — Imminent & Substantial Endangerment Order
• RCRA 3013 — Monitoring, Analysis, Testing
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• REFA 13 — REFA Section 13
• CERCLA 107 — Superfund

Enforcement conclusions (2)

• OCCIDENTAL CHEM CORP, ET ALentered 1997-01-14

  Primary law: CERCLA

• OCCIDENTAL CHEMICAL CORP., ETentered 1996-03-19

  Primary law: CERCLA

Timeline (7 milestones)

• 1978-08-02Referred To Headquarters
• 1979-05-29Referred To Dept Of Justice
• 1979-12-20Referred TO U.S. Attorney
• 1979-12-20Complaint Filed With Court
• 1997-01-14Final Order Lodged
• 1997-01-14Final Order Entered
• 1997-01-14Concluded