EPA v. MEK/HICKSVILLE, NY SPILL

Case summary

ON ABOUT FEB.16, 1982, MATTIACE INDUSTRIES INC. (A SELLER OF VARIOUS CHEMICAL PRODUCTS) ARRANGED WITH MR. PETER REILLY TO DRIVE A TANKER TRAILER WITH A FULL LOAD OF APPROX. 8,000 GALLONS OF METHYL ETHYL KETONE FROM A LOCATION IN NJ TO A LOCATION IN VIRGINIA. MR. REILLY WAS AT THAT TIME AN EMPLOY- EE OF CAPGO TRUCKING, INC., WHO REGULARLY DROVE TRUCK SHIP- MENTS FOR MATTIACE. MR. REILLY PICKED UP THE MEK IN NJ DUR- ING THE AFTERNOON OF THAT DAY, BUT INSTEAD OF DRIVING DIRECT TO VA. HE ELECTED TO FIRST RETURN TO HIS HOME IN HICKSVILLE. DURING THE NIGHT FROM FEB.16 TO 17, REILLY PARKED THE TRAIL- ER IN THE SO-CALLED AUSTIN DRUGS WAREHOUSE YARD LOCATED AT 530 W.JOHN STREET IN HICKSVILLE. THIS FACILITY IS OWNED BY JERRY SPIEGEL ASSOCIATES, AND WAS LEASED AND OPERATED BY THE INTERSTATE CIGAR CO. AT THE TIME. REILLY UNHOOKED THE TRACTOR AND LEFT THE TRAILER IN THE WAREHOUSE PARKING LOT, WHICH WAS NOT CONSTRUCTED TO SUPPORT SUCH HEAVY LOADS. AT SOME POINT DURING THE NIGHT THE TRAILER OVERTURNED, SPILLING ABOUT 4,800 GALLONS OF MEK. A NIGHT WATCHMAN NOTICED THE SPILL AT ABOUT 1:00 AM AND ALERTED THE HICKSVILLE FIRE DEPT., WHICH RESPONDED TO THE POTENTIAL FIRE HAZARD POSED BY THE HIGHLY IGNITABLE MEK BY SPRAYING A LARGE VOLUME OF WATER AND WATER-BASED FOAM OVER THE SPILL SITE. ON THE MORNING OF FEB.17, MATTIACE WAS NOTIFIED OF THE SPILL. MATTIACE REMOVED THE TRAILER WITH THE REMAINING MEK; MATTIAC ALSO RECOVERED ABOUT 1000 GALLONS OF MEK IN SOLUTION IN ABOUT 7000 GALLONS OF WATER AND DISSOLVED ASPHALT (MEK IS A STRONG SOLVENT) FROM SEVERAL DRY WELLS IN THE PARKING LOT. THE MAJORITY OF THE SPILLED MEK (ABOUT 3400 GALLONS), HOW- EVER, ENTERED THE SOIL BELOW THE PARKING LOT AND WAS NOT RE- COVERED. THE SOIL IN THIS AREA IS SANDY AND PERMEABLE; A SOLE- SOURCE DRINKING WATER AQUIFER IS LOCATED ABOUT 65 FEET BELOW GROUND LEVEL. TESTS PERFORMED IN AUGUST '82 SHOWED THAT AT THE WATER TABLE CONCENTRATIONS OF MEK RANGED UP TO 11,400 PARTS PER MILLION (PPM). MEK IS A HAZARDOUS SUBSTANCE AS THAT TERM IS DEFINED AT SECT.101(14) OF CERCLA, 42 U.S.C. SECT.9601(14). IT EMITS HIGHLY FLAMMABLE VAPORS WHICH ARE EXPLOSIVE AT 2% TO 12% CONCENTRATIONS IN AIR. IT IS ALSO TOXIC TO HUMANS BY INDIGESTION AND DIRECT CONTACT, AND IT MAY BE TERATOGENIC. BASED ON THE ABOVE FACTS, EPA DETERMINED THAT THE RELEASE OF THE MEK AND ITS CONTINUED PRESENCE IN THE SOIL AND GROUND WATER BELOW MIGHT PRESENT AN IMMINENT AND SUBSTANTIAL EN- DANGERMENT TO HUMAN HEALTH, WELFARE OR THE ENVIRONMENT WITHIN THE MEANING OF SECT.106(A) OF CERCLA. ACCORDINGLY, ON SEPT.30, 1982, UNILATERAL ADMINISTRATIVE ORDERS WERE ISSUED TO FOUR OF THE RESPONSIBLE PARTIES (ALL EXCEPT CAPGO TRUCK.) REQUIRING THEM TO CARRY OUT A STUDY TO DETERMINE THE PRECISE NATURE AND EXTENT OF THE MEK CONTAMINATION AND SUBSEQUENTLY TO TAKE SUCH ACTIONS AS MIGHT BE NECESSARY TO ABATE THE RE- LEASE. A FIFTH ORDER WAS ISSUED TO CAPGO ON DEC.10, 1982. WITHIN THE TIME PERIOD SPECIFIED FOR COMPLIANCE, THE IN- SURANCE CO. OF ONE OF THE RECIPIENTS OF THE ORDERS--MATTIACE INDUSTRIES INC.-- AGREED IN WRITING THAT IT WOULD CARRY OUT THE NECESSARY COMPLIANCE WORK, AND IN FACT COMMENCED TO DO SO. (NONE OF THE OTHER RESPONDENTS PARTICIPATED IN THESE COMPLIANCE EFFORTS.) WORK WAS STARTED ON SITE IN EARLY DEC. '82, AND PROCEEDED SATISFACTORILY AND WITHOUT INTERRUPTION UNTIL EARLY FEB.'83. ON FEB.4, THE CONSULTING ENGINEER WHO HAD BEEN HIRED BY MATTIACE'S INSURANCE CO. INFORMED EPA'S ON-SCENE COORDINATOR THAT THE INSURANCE CO. WOULD NO LONGER BE PAYING FOR THE CLEANUP WORK. ALL PRIVATELY-SPONSORED REMEDIAL ACTIVITIES CEASED AT THAT TIME, AND NONE HAVE BEEN RECOMMENCED SINCE. ON FEB.17, 1983, REGION II FORMALLY NOTIFIED EACH OF THE FIVE RESPONDENTS THAT THEY WERE IN

Defendants (5)

• CAPGO TRUCKING COMPANYNamed in complaintNamed in settlement
• INTERSTATE CIGAR CONamed in complaintNamed in settlement
• JERRY SPIEGEL ASSOCIATES
• MATTIACE INDUSTRIES, INCNamed in complaintNamed in settlement
• REILLY, PETERNamed in complaintNamed in settlement

Facilities (1)

• LITTON APPLIED TECHNOLOGY

  530 W JOHN ST, HICKSVILLE, NY, 118020709

  Registry ID: 110004374775

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery
• CERCLA 106B — Superfund

Enforcement conclusions (1)

• MATTIACE INDUSTRIES, INC., ETentered 1991-10-04

  Primary law: CERCLA

Timeline (9 milestones)

• 1983-08-21Referred To Headquarters
• 1983-12-09Returned To Region
• 1984-08-24Rereferred
• 1984-09-28Referred To Dept Of Justice
• 1986-09-01Complaint Filed With Court
• 1991-10-04Enforcement Action Closed
• 1991-10-04Final Order Lodged
• 1991-10-04Final Order Entered
• 1991-10-04Concluded