EPA v. Anaquest Caribe Inc. et al. - FIBERS SUPERFUND SITE

Case summary

CERCLA SECTIONS 106A AND 107A REGARDING THE FIBERS PUBLIC SUPPLY WELLS SUPERFUND SITE, IN GUAYAMA, PUERTO RICO. FIBERS INTERNATIONAL CORP BEGAN OPERATING THE INDUSTRIAL AREA TO MANUFACTURE NYLON FIBERS IN NOVEMBER 1966 AND CONTINUED UNTIL FEBRUARY 1976. PHILLIPS PETROLEUM CO WAS THE MAJORITY STOCKHOLDER OF FIC. THE PROPERTY ON WHICH THE PLANT WAS OPERATED AND CONSTRUCTED WAS OWNED BY THE COMMONWEALTH OF PUERTO RICO THROUGH THE PUERTO RICO LAND ADMINISTRATION UNTIL IT WAS SOLD TO THE PUERTO RICO SOUTHERN INDUSTRIAL CO, THE CURRENT OWNER OF THE PROPERTY. IN FEBRUARY 1976, THE CHEVRON CHEMICAL CO OF PUERTO RICO PURCHASED THE FIC FACILITY WHICH WAS THEN EXPANDED TO INCLUDE THE PRODUCTION OF POLYPROPYLENE FIBERS. BOTH FIC AND CCPR PURCHASED AND USED SOLVENTS AND OTHER ORGANIC CHEMICALS AT THE FACILITY. DEGREASING SOLVENTS WERE USED TO CLEAN THE SPINNING MACHINERY. THE WASTE WATER CONTAINING SOME OF THE SOLVENTS WAS DIRECTED TO TWO SETTLING LAGOONS LOCATED NEAR THE SOUTHWESTERN CORNER OF THE PROPERTY THROUGH THE PROCESS SEWER SYSTEM. CCCPR COMPLETED INSTALLATION OF AN ON-SITE WASTE WATER TREATMENT SYSTEM FOR PROCESS AND SANITARY WASTE WATER IN JULY 1978. TREATED EFFLUENT FROM THIS NEW SYSTEM WAS DIVERTED TO THE SETTLING LAGOONS PRIOR TO DISCHARGE UNDER A NPDES PERMIT. ON 9/1/84, THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST. IN DECEMBER 1986, AHP ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT WITH EPA, PURSUANT TO SECTION 106 OF CERCLA IN WHICH THEY AGREED TO UNDERTAKE A REMEDIAL INVESTIGATION/FEASIBILITY STUDY. IN SEPTEMBER 1986, AMERICAN HOME PRODUCTS ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT IN WHICH IT AGREED TO CONDUCT MONITORING, TESTING, ANALYSIS AND REPORTING TO ASCERTAIN THE NATURE AND EXTENT OF CONTAMINATION CAUSED BY THE EXCAVATION OF THE TWO LAGOONS AND RELOCATION OF THE CONTENTS. IN OCTOBER 1990, PHILLIPS AND CHEVRON SUBMITTED THE REMEDIAL INVESTIGATION REPORT, CONDUCTED PURSUANT TO THE 1985 ORDER, WHICH INDICATED THAT A PLUME OF GROUNDWATER CONTAINING DISSOLVED PERCHOLOROETHYLENE, EXTENDS FROM THE SITE. LAGOONS AND PROCESS SEWERS USED BY THE SYNTHETIC FIBERS OPERATIONS. IN SEPTEMBER 91, EPA SIGNED A ROD WHICH SELECTED A PUMP AND TREAT REMEDY FOR THE GROUND WATER AND EXCAVATION AND DISPOSAL OF ASBESTOS CONTAMINATED SOIL IN THE SOIL DISPOSAL AREA AT THE SITE.

Defendants (6)

• AMERICAN HOME PRODUCTS CORPNamed in complaintNamed in settlement
• ANAQUEST CARIBE INCNamed in complaintNamed in settlement
• AYERST-WYETH PHARMACEUTICAL INC
• CHEVRON CHEMICAL CONamed in complaintNamed in settlement
• PHILLIPS PETROLEUM CONamed in complaintNamed in settlement
• PUERTO RICO INDUSTRIAL DEVELOPMENT CO

Facilities (1)

• FIBERS PUBLIC SUPPLY WELLS

  RTE 3, JOBOS, PR, 00654

  Registry ID: 110009344539

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ANAQUEST CARIBE, INC.entered 1993-01-08

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-09-30Enforcement Action Data Entered
• 1991-09-30PRN Sent
• 1992-06-22Referred To Dept Of Justice
• 1992-10-30Complaint Filed With Court
• 1993-01-08Final Order Lodged
• 1993-01-08Final Order Entered
• 1993-01-08Concluded