EPA v. BARRIER INDUSTRIES, INC.

Case summary

BARRIER INDUSTRIES SITE IS APPROXIMATELY 1000 FT. FROM A RESIDENTIAL NEIGHBORHOOD AND SENIOR CITIZENS COMPLEX, AND IS ADJACENT TO THE NEVERSINK RIVER, WHICH DEFINES THE SOUTHWEST BORDER OF THE PROPERTY. ON JAN. 28, 1994, THE EMERGENCY AND REMEDIAL RESPONSE DIV. OF EPA REGION II RECEIVED A REQUEST FROM THE NYSDEC FOR PERFORMANCE OF A REMOVAL ACTION AT THE SITE UNDER CERCLA/AS AMENDED, 42 U.S.C. SECTION 9601, ET SEQ. THE REMOVAL ACTION WAS REQUIRED TO STABILIZE, SECURE, AND DISPOSE OF THE HAZARDOUS SUBSTANCES AT THE SITE. AFTER RECEIVING NYSDEC'S REQUEST, EPA CONDUCTED A SITE ASSESSMENT WHICH DETERMINED THAT AN ESTIMATED 5,000 DRUMS AND 10.000 OTHER CONTAINERS OF HAZARDUS MATERIALS, PRODUCT PRECURSORS, & PRODUCTS WERE STORED THROUGHOUT THE FACILITY. AN ESTIMATED 200 LARGE STROAGE TANKS AND REACTOR VESSELS CONTAINING POTENTIALLY HAZARDOUS RAW MATERIALS AND PRODUCT PRECURSORS WERE WITHIN THE PRODUCTION BUILDING. EPA FOUND THAT EIGHT TRACTOR TRAILERS FILLED WITH DRUMS WERE ALSO STORED OUTSIDE OF THE FACILITY. MANY OF THE DRUMS HAD BEEN EXPOSED TO FREEZING CONDITIONS AND HAD BURST AND SPILLED THEIR CONTENTS THROUGHOUT THE BUILDING OR WERE EXPANDING OUT OF THEIR BUNGS. IN JULY 1995, EPA COMPLETED THE PERFORMANCE OF THE REMOVAL ACTION, CONSISTING OF, AMOUNT OTHER THINGS, THE OVERPACKING OF ALL DETERIORATED DRUMS CONTAINING LIQUID MATERIAL, THE TRANSFER OF THE TANKER-TRAILER'S LIQUID CONTENTS TO A STABLE CONTAINER, AND THE OFF SITE DISPOSAL OF ALL DRUMS AND OTHER CONTAINERS OF HAZARDOUS SUBSTANCES. THERE ARE THREE DEFENDANTS. BARRIER INDUSTRIES, INC. A MANUFACTURER & FORMULATER OF JANITORIAL CHEMICALS, KURT & MILDRED WASSERMAN; KURT WASSERMAN CHIEF EX OFFICER OF CO. EPA SEEKS THE FOLLOWING: RECOVERY OF ALL RESPONSE COSTS INCURRED BY EPA WITH RESPECT TO THE SITE, PURSUANT TO SECT. 107(A) CERCLA & A DECLARATORY JUDGMENT AS TO THE DEFS' LIABILITY FOR EPA'S FUTURE COSTS. EPA ALSO SEEKS A TEMP- ORARY RESTRAINING ORDER WHICH BARS KURT WASSERMAN FROM TRANSFERRING ANY OF HIS ASSETS. PROPERTY WAS TRANSFERRED FROM KURT WASSERMAN TO MALDRED WASSERMAN. * AMENDMENT TO REFERRAL WAS SIGNED BY RA AUGUST 25, 1995 AND SENT TO DOJ. THE REFERRAL AMENDMENT RECOMMENDS INCLUSION OF A COUNT SEEKING CIVIL PENALTIES UNDER CERCLA/104(E) (5) (B). * FACILITY NAME: BARRIER INDUSTIRES, INC. SITE ADDRESS: 200 EAST MAIN STREET CITY & STATE: PORT JERVIS, NY ********************** BEAN INDICATOR CHANGED FROM Y TO N ON 10/18/95. JD *

Defendants (6)

• BARRIER INDUSTRIES, INC.Named in complaint
• BARRIER SCIENCE AND TECHNOLOGY
• HARVEY WASSERMANNamed in settlement
• KURT WASSERMANNamed in complaintNamed in settlement
• LINDA WASSERMANNamed in settlement
• MILDRED WASSERMANNamed in complaintNamed in settlement

Facilities (1)

• BARRIER INDUSTRIES INC,

  200 EAST MAIN STREET, PORT JERVIS, NY, 12771

  Registry ID: 110000877882

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• BARRIER INDUSTRIES INCentered 1998-06-29

  Primary law: CERCLA

• BARRIER INDUSTRIES INCentered 1997-12-22

  Primary law: CERCLA

Timeline (6 milestones)

• 1995-07-28Enforcement Action Data Entered
• 1995-08-01Referred To Dept Of Justice
• 1995-10-24Complaint Filed With Court
• 1998-06-29Final Order Lodged
• 1998-06-29Final Order Entered
• 2004-04-28Enforcement Action Closed