EPA v. MOOR-FITE CORPORATION

Case summary

ON 5/1/83, ~3,750 METAL CYLINDERS AND 17 DRUMS WERE PLACED ON PROPERTY OF G.L. & B. MOORE IN HAMPTON, VA. CYLINDERS WERE OWNED BY MR. MOORE, HAVING BEEN BOUGHT FROM THE DEPART- MENT OF DEFENSE. CYLINDERS & DRUMS CONTAINED VARIOUS CHEMICALS, INCLUDING 24 GASES & OTHER LIQUIDS. NUMBER OF GASES WERE FLAMMABLE, & SEVERAL SUBSTANCES IN CYLINDERS WERE INCOMPATIBLE WITH EACH OTHER. SOME OF CYLINDERS WERE UNDER HIGH PRESSURE, AND SOME WERE DETERIORATING. ADDITIONALLY, SEVERAL OF CYLINDERS CONTAINED HAZARDOUS SUBSTANCES, SUCH AS AMMONIA, PROPANE AND CHLORINE, WHICH WERE LEAKING. MR. MOORE HAD PLACED CYLINDERS IN COMMERCIAL & RESIDENTIAL AREA, AND A NEIGHBOR NOTICED ONE OF CYLINDERS WAS HISSING. ON 6/7/83, CITY OF HAMPTON ISSUED NOTICE TO MR. MOORE TO REMOVE CYLINDERS AND CLEANUP LOTS, BASED ON CITY'S DETERMIN- ATION THAT CYLINDERS WERE STORED IMPROPERLY & POSED THREAT TO PUBLIC HEALTH. A FEW DAYS LATER, HAMPTON FIRE DEPT ORDERED MR. MOORE TO REMOVE CYLINDERS FROM SITE W/IN 48 HRS. MR MOORE TOOK NO ACTION TO CLEAN UP SITE; COMMONWEALTH OF VA REQUESTED EPA ASSISTANCE. EPA RESPONSE TEAM ARRIVED ON SITE ON 5/16 & DETERMINED THAT IMMENENT HAZARD EXISTED. DETERMINATION WAS BASED ON ANALYSIS OF CONTENTS OF SOME OF CYLINDERS, WH/ SHOWED FLAM- MABLE AND INCOMPATIBLE MATERIALS, & OBSERVATION THAT SOME OF CYLINDERS WERE LEAKING. THIS POSED IMMEDIATE THREAT TO NEARBY RESIDENTS, BUSINESSES AND BUSINESS CUSTOMERS. CERCLA MONIES WERE REQUESTED BY ON-SCENE COORDINATOR AND APPROVED BY EPA FOR CLASSIFICATION, REMOVAL & DISPOSAL OF CYLINDERS. CYLINDERS WERE REMOVED FROM SITE BY 6/25 & WERE TRANSPORTED TO SECURE APPROVED STORAGE FACILITY WHERE THEY REMAINED UNTIL 9/83 WHEN MR. MOORE MADE APPROPRIATE ARRANGEMENTS FOR THEIR DISPOSAL. ~289,000 IN CERCLA EMERGENCY MONIES WERE SPENT FOR THE RESPONSE ACTIONS AT THIS SITE. IN ADDITION, VA SPENT ~18,860 AND CITY OF HAMPTON SPENT ~49,850. VA HAS RECOVERED THEIR EXPENDITURES AS PART OF A CRIMINAL SUIT AGAINST MR. MOORE FOR ILLEGAL TRANSPORTATION AND STORAGE OF HAZARDOUS SUBSTANCES. NO FURTHER RESPONSE ACTIONS PLANNED FOR SITE. LEGAL ACTION PROPOSED IS RECOUPMENT OF ALL CERCLA MONIES SPENT AT SITE BY FEDERAL GOVT. MR. MOORE WAS ORALLY NOTIFIED BEFORE COMMENCEMENT OF EMER- GENCY RESPONSE, BUT FAILED TO TAKE ANY ACTION. THIS CASE INVOLVES A SETTLEMENT WITH DOD FOR $200,000 AND A COST RECOVERY ACTION UNDER SECTION 107 OF CERCLA AGAINST THE REMAINING PRP'S.

Defendants (6)

• MOORE, G.L.Named in complaintNamed in settlement
• O'BRIEN, PATRICKNamed in complaintNamed in settlement
• CERTIFIED TESTING, INC.Named in complaintNamed in settlement
• MOOR-FITE CORP. OF VA.Named in complaintNamed in settlement
• MOORE, B.Named in complaintNamed in settlement
• MOORE, G.Named in complaintNamed in settlement

Facilities (1)

• MOORE FITE CORP

  UNOBTAINABLE, HAMPTON, VA, 23511

  Registry ID: 110010713102

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 104E7B — Superfund
• CERCLA 107 — Superfund

Enforcement conclusions (2)

• MOOR-FITE CORP/O'BRIEN PATRICKentered 1989-03-23

  Primary law: CERCLA

  Federal penalty: $10,000

• MOOR-FITE CORP(MOORE,CERTIFIEDentered 1990-01-23

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-03-20Enforcement Action Data Entered
• 1984-03-20Referred To Headquarters
• 1984-05-02Referred To Dept Of Justice
• 1987-07-07Complaint Filed With Court
• 1990-01-23Final Order Lodged
• 1990-01-23Final Order Entered
• 1990-01-23Concluded
• 2002-03-26Enforcement Action Closed