EPA v. FIKE CHEMICALS ET AL

Case summary

FIKE CHEM, INC., C.S.T., INC. & COASTAL TANK LINES, INC. NITRO, WV, FILED 12/5/80, CIVIL ACTION #80-2429, US DIST CT FOR THE SOUTHERN DIST OF WV, FIKE OPERATES A CHEM MANUFACTURING PLNT IN NITRO, WV. CST OPERATES A WSTE TRMNT PLNT & COASTAL OPERATES A TRUCK RINSING FACILITY, BOTH OF WHICH ARE LOCATED ADJACENT TO FIKE. OPERATIONS OF THE DEFENDANTS HAVE RELEASED HAZARDOUS WSTES INTO THE SOIL, SURFACEWTR & GRNDWTR IN THE VICINITY OF THE 3 FACILITIES. COASTAL & FIKE FORMED CST AS A JOINT VENTURE FOR TREATING COASTAL'S RINSEWATER, & WSTES GENERATED BY FIKE. CST IS LOCATED ON FIKE- OWNED PROPERTY, USES FIKE-OWNED EQUIPMNT & IS OPERATED BY EMPLOYEES. COASTAL SOLD ITS INTEREST IN CST TO FILE IN 1978. THE 3 FACILITIES ARE LOCATED ON THE BANK OF THE KANAWHA RIVER & ARE UNDERLAIN BY HIGHLY PERMEABLE ALLUVIAL DEPOSITS OF SILT & SAND. THIS ALLUVIAL FORMAT'N CONSTITUTES MAJ GRNDWTR AQUIFER IN THE AREA. THE KANAWHA RIVER IS USED FOR FISHING & RECREATION & FLOWS INTO THE OH RIVER, THE DRINKING WATER SOURCE FOR A LARGE POPULATION. AS OF JAN 1980, FIKE PRODUCED APPROX. 41 DIFFERENT SPECIALTY CHEM BY MEANS OF BATCH REACTION PROCESSES. 24 OF THESE PROCESSES GENERATED WSTES & AT LEAST 13 OF THE CHEM PRODUCED OR UTILIZED BY FIKE ARE ON EPA'S PRIORITY POLLUTANT LIST. RELIEF IS SOUGHT PURSUANT TO SEC 7003 OF RCRA (THE WSTES ARE HAZARDOUS & PRESENT AN IMMINENT & SUBSTANTIAL ENDANGERMNT TO HLTH & THE ENVIRONMENT) & SEC 301(A) OF THE CLEAN WATER ACT (DEFENDANTS HAVE DISCHARGED POLLUTANTS FROM THE UNLINED OVERFLOW DITCH W/OUT AN NPDES PERMIT). A C.D. HAS BEEN SIGNED BY THE DEFENDANTS, THE ASS'T US ATTY, & THE REG'L ATTY. EPA HEADQURTRS IS CURRENTLY REVIEWING THE C.D. (8/4/82).

Defendants (2)

• C.S.T., INC.Named in complaintNamed in settlement
• FIKE CHEMICALS, INC.Named in complaintNamed in settlement

Facilities (1)

• FIKE CHEMICAL INCORPORATED

  WEST 19TH STREET, NITRO, WV, 25143

  Registry ID: 110007875353

Statutes cited

• CWA 309 — Violation of Existing AO
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• FIKE CHEMICALSentered 1982-11-16

  Primary law: RCRA

Timeline (8 milestones)

• 1980-07-31Referred To Headquarters
• 1980-08-28Referred To Dept Of Justice
• 1980-10-28Referred TO U.S. Attorney
• 1980-12-05Complaint Filed With Court
• 1982-11-16Final Order Lodged
• 1982-11-16Final Order Entered
• 1982-11-16Concluded
• 1993-12-09Enforcement Action Closed