EPA v. FIKE CHEMICALS, INC.

Case summary

SUMMARY THIS LITIGATION INVLOVES THE PRESENCE OF 2, 3, 7, 8- TCDD AT FIKE'S FAC IN NITRO, W.V., AND SPEC, TCDD SAMPLING AND ANALYSIS ACTIVITIES. ON 06/28/83, EPA SAMPLED AND FOUND TCDD AT FAC. DEF REJECTED PROPOSAL TO ENTER INTO CD WHCIH WOULD REQ SAMPLING AND ANALYSIS. REG ADMIN ISSUED ORDER DIRECTING DEF TO DO SAMPLING AND ANALYSIS AND REPORT FINDINGS TO EPA. DEF SAID IT COULD NOT AND WOULD NOT COMPLY AND THAT ANY SAMPLING WOULD BE DONE BY EPA AT EPA EXPENSE UNDER TERMS OF THE 1982 CD. REG 03 DISAGREES. DEF CONT TO REFUSE ACCESS TO FAC UNTIL EPA ADMITTED 9182 CD WAS IN DEF FAVOR. USA FILED ORDER FOR ACCESS ON 04/18/84. ON 06/12/84, SDWV JDG ISSUED ORDER GRANTING EPA ACCESS. AT PRESENT, SAMPLING IS BEING DONE BY REG 03 AND IS EXPECTED TO BE CONL BY 06/29/84. ANALYSIS RESULTS EXPECT ED W/IN MONTH. CASE REFERRED DUE TO AMT OF WORK NEC FOR PETITION FOR AN IMMEDIATE ORDER IN AID OF ACCESS.

Defendants (2)

• COASTAL TANK LINESNamed in complaint
• FIKE CHEMICALS, INC.Named in complaint

Facilities (1)

• FIKE CHEMICAL INCORPORATED

  WEST 19TH STREET, NITRO, WV, 25143

  Registry ID: 110007875353

Statutes cited

• CERCLA 104E3 — Entry Access
• RCRA 3013 — Monitoring, Analysis, Testing
• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (4 milestones)

• 1984-03-30Referred To Headquarters
• 1984-03-30Referred To Dept Of Justice
• 1984-04-18Complaint Filed With Court
• 1984-06-12Concluded