EPA v. HOOKER CHEM-HYDE PARK

Case summary

* NOTE: 5/3/91 THIS CASE IS PRE-CERCLA LAW AND IS NOT A CERCLA CASE. THE ASSESSED FEDERAL PENALTY OF $1,5000,000 IS CORRECT AND WAS PAID TO THE U.S. EPA FOR THE STATE AS AGREED. BECAUSE PAYMENT WAS PAID TO THE USEPA IF PENALTY WAS REMOVED FROM FEDERAL ASSESSED TO STATE THERE WOULD BE NO RECORD WITH THE STATE OF THAT THE DEFENDANT PAID. THEREFORE THE PENALTY SHOULD REMAIN IN THE ASSESSED FEDERAL PENALTY FIELD. 05/07/91: WAITING TO CONFIRM WHY CASE IS BEING TRACKED UNDER CERCLA W/DRC. 05/16/91: DRC AGREES THIS IS NOT A CERCLA CASE. HOWEVER, BECAUSE THIS IS ONE OF THE 3 CASES WHICH WAS THE IMPETUS FOR CERCLA AND IT IS ON THE SUPERFUND NPL SITE LIST.

Defendants (3)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• OCCIDENTAL PETROLEUM CORPNamed in complaintNamed in settlement
• OCCIDENTAL PETROLEUM INVESTMENT CONamed in complaintNamed in settlement

Facilities (1)

• OCCIDENTAL CHEMICAL CORPORATION HYDE PARK BLVD

  4700 HYDE PARK BLVD, NIAGARA FALLS, NY, 14305

  Registry ID: 110000616290

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• REFA 13 — REFA Section 13
• CWA 301 — NPDES Discharge without a Permit
• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• HOOKER CHEM - HYDE PARKentered 1982-04-30

  Primary law: CERCLA

  Federal penalty: $1,500,000

Timeline (7 milestones)

• 1979-05-29Referred To Headquarters
• 1979-05-30Referred To Dept Of Justice
• 1979-12-20Referred TO U.S. Attorney
• 1979-12-20Complaint Filed With Court
• 1982-04-30Final Order Lodged
• 1982-04-30Final Order Entered
• 1982-04-30Concluded