EPA v. CHELSE TERM/POSITIVE CHEM

Case summary

NATURE OF THE CASE: JOHN LYNCH & 2 CORP'S CONTROLLED BY HIM, POSITIVE CHEMICAL CORP & CHELSEA TERMINAL, INC.(POSITIVE/CHELSEA), OPERATED AS A TOXIC & HAZ WASTE STORAGE AREA A FORMER PETROLEUM TANK FARM ON STATEN ISLAND, NY. THE SITE, KNOWN AS CHELSEA TERMINAL, WAS LEASED BY LYNCH FROM TEXACO,INC, FROM 6/78 TO 5/80. THE LEASED FACILITY CONTAINED 9 LARGE TANKS W/A TOTAL STORAGE CAPACITY OF ALMOST 1 MILLION GAL. THE RA OF REGN 2 HAS DETERMINED THAT POSITIVE/CHELSEA HAS NOT PREPARED OR IMPLEMENTED A SPILL PREVENTION CONTROL & COUNTERMEASURE (SPCC) PLAN REQUIRED BY THE CWA TO SAFE- GUARD AGAINST DAMAGE BY SPILLS OF OIL OR HAZ SUBSTANCES. CAUSE OF ACTION: THE DEF'S FAILURE TO IMPLEMENT OR PREPARE AN SPCC PLAN IN VIOL OF 40 CFR 112, WHICH IMPLEMENTS SEC 311(J) (1)(C) OF THE CWA, RESULTED IN SERIOUS GROUND POLLUTION OF THE SITE & OBSERVABLE POLLUTION OF WATERS OF THE ARTHUR KILL. THE AGENCY ISSUED NOV TO POSITIVE/CHELSEA ON 12/12/79, ALONG W/OTHER POTENTIAL DEF'S USING THE SITE. AS A RESULT OF INFO RECEIVED THROUGH A STTLMNT CONF ON 5/21/80, PAPERS FILED BY THE RESPONDENTS TO THE NOV'S, & CONVERSATIONS W/A REPRESENTATIVE OF THE STATE OF NY, THE RA APPORTIONED FINANCIAL LIABILITY AMONG THE RESPONDENTS ON 11/30/80, IN ACCORDANCE W/40 CFR PART 114. IN THAT AP- PORTIONMENT, POSITIVE/CHELSEA WAS ASSESSED A CIVIL PLTY OF $7,500 OF THE TOTAL $25,000 ASSESSED AGAINST ALL RESP- ONDENTS. AS A RESULT OF INFO RECEIVED BY EPA IN 12/80, THE RA ON 3/31/81, REAPPORTIONED THE FINANCIAL LIABILITY OF THE RESPONDENTS & INCREASED POSITIVE/CHELSEA'S LIABIL- TY TO $22,500. THIS REAPPORTIONMENT IS FULLY SUPPORTABLE IN THE ADMINISTRATIVE RECORD WHICH INDICATES THAT, CONTR- ARY TO INITIAL INFO, POSITIVE/CHELSEA WAS IN ALMOST EXCL- USIVE CONTROL OF THE VIOL'ING OPERATION. POSITIVE/CHELSEA HAD 30 DAYS TO PAY THE PLTY. ON 4/6/81, COUNSEL FOR POSITIVE/CHELSEA INFORMED THE RA ATTY THAT HIS CLIENT WOULD NOT STTL THE MATTER FOR MORE THAN $250. POSITIVE/ CHELSEA HAS NOT PAID ANY PART OF THE ASSESSED CIVIL PLTY. PROPOSED REMEDY: THE RELIEF REQUESTED IS STRICTLY FOR COLLECTION OF THE $22,500 ASSESSED PLTY. INJUNCTIVE RELIEF IS NOT RE- QUIRED SINCE TEXACO, INC, THE OWNER OF THE FACILITY, HAS AGREED TO & IS PRESENTLY DEMOLISHING CHELSEA TERMINAL & DISPOSING OF THE ONSITE OILS, TOXICS & HAZ WASTES ACCORD- ING TO APPROVED PRACTICES. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: NONE.

Defendants (2)

• CHELSEA TERMINAL, INC.Named in complaintNamed in settlement
• POSITIVE CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CHELSEA TERM (POSITIVE CHEM)

  250 MEREDITH AVE, STATEN ISLAND, NY, 10314

  Registry ID: 110009302904

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• CHELSE TERM/POSITIVE CHEMentered 1983-04-21

  Primary law: CWA

  Federal penalty: $22,500

Timeline (8 milestones)

• 1981-07-10Referred To Headquarters
• 1981-08-30Referred To Dept Of Justice
• 1981-09-21Referred TO U.S. Attorney
• 1982-01-15Complaint Filed With Court
• 1983-04-21Final Order Lodged
• 1983-04-21Final Order Entered
• 1983-04-21Concluded
• 1983-04-21Enforcement Action Closed