EPA v. GREENWOOD CHEMICAL CO

Case summary

THIS IS AN ACTION TO RECOVER COSTS OF APPROXIMATELY $22,164,204.73 EXPENDED FOR RESPONSE ACTIONS UNDERTAKEN BY EPA AT THE GREENWOOD CHEMICAL SITE THROUGH MAY 20, 1997 AND FOR A DECLARATORY JUDGMENT FOR LIABILITY ASSOCIATED WITH FUTURE RESPONSE COSTS TO BE EXPENDED AT THE SITE. THE GREENWOOD CHEMICAL SITE IS AN INACTIVE CHEMICAL MANUFACTURING FACILITY LOCATED IN NEWTON, ALBEMARLE COUNTY, VIRGINIA APPROXIMATELY THREE QUARTERS OF A MILE WEST OF THE TOWN OF GREENWOOD, VIRGINIA AND APPROXIMATELY 20 MILES WEST OF CHARLOTTESVILLE. THE AREA OF THE GREENWOOD CHEMICAL SITE ASSOCIATED WITH CHEMICAL MANUFACTURING AND WASTE DISPOSAL ACTIVITIES COMPRISES APPROXIMATELY 18 ACRES. GREENWOOD CHEMICAL COMPANY AND ITS PREDECESSORS OPERATED A SMALL VOLUME SPECIALTY CHEMICAL BATCH MANUFACTURING FACILITY AT THE SITE BEGINNING IN THE 1930'S, PRODUCING CHEMICALS FOR USE AS BOTH INTERMEDIATE AND FINAL PRODUCTS IN INDUSTRIAL, AGRICULTURAL, PHARMACEUTICAL, PESTICIDE, AND PHOTOGRAPHIC PROCESSES. THE FACILITY PRODUCED CHEMICALS FOR SALE TO THE GENERAL MARKET, AS WELL AS FOR SPECIFIC CUSTOMERS PURSUANT TO TOLLING AGREEMENTS (CONTRACTS USED IN THE CHEMICAL INDUSTRY UNDER WHICH ONE COMPANY DISCLOSES A PROPRIETARY CHEMICAL FORMULA TO ANOTHER COMPANY, WHICH THEN MANUFACTURERS THE PRODUCT). MANUFACTURING ACTIVITIES AT GREENWOOD CEASED IN APRIL 1985, FOLLOWING A TOLUENE EXPLOSION AND FIRE WHICH DESTROYED A PROCESS BUILDING AND KILLED FOUR SITE EMPLOYEES. UNTIL RECENTLY GREENWOOD CHEMICAL OPERATED A SMALL CHEMICAL BROKERAGE BUSINESS AT THE SITE.

Defendants (26)

• ARISTECH CHEMICAL CORPNamed in settlement
• FISHER SCIENTIFIC CONamed in settlement
• GREENWOOD CHEMICAL CONamed in complaintNamed in settlement
• USX CORP
• ALLEGIANCE HEALTHCARENamed in complaint
• ALLIED SIGNAL
• ALZO, INCORPORATEDNamed in settlement
• BAXTER HEALTHCARENamed in complaintNamed in settlement
• CEREGHINO, ALBERTNamed in complaintNamed in settlement
• CHEVRON CORPORATIONNamed in settlement
• EXPERIMENTAL PATHOLOGY LABORATORIESNamed in settlement
• GE CHEMICALS CO (GENERAL ELECTRICNamed in complaintNamed in settlement
• HIGH POINT CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• HUSTRULID, CLARENCENamed in complaintNamed in settlement
• LONZA INC (SUCCESSOR OF CARSON CHEMICAL)
• LUCENT TECHNOLOGIE (F/K/A AT&T)
• MILLMASTER ONYX (LYNDAL DIVISION COLLOID
• PACKHOLD DISTRIBUTION CORPNamed in settlement
• PENNSYLVANIA STATE UNIVERSITYNamed in settlement
• PFIZERNamed in settlement
• RAMBACH
• SCIENTIFIC PRODUCTS DIV. OF BAXTER HEALT
• UNIVERSITY OF FLORIDANamed in settlement
• VANDERBILT, R.T. CONamed in settlement
• VIRGINIA POLYTECHNIC INSTITUTENamed in settlement
• …and 1 more

Facilities (1)

• GREENWOOD CHEMICAL CO

  STATE ROUTE 690, GREENWOOD, VA, 22943

  Registry ID: 110008181083

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (5)

• ALLEGIANCE HEALTHCARE (HIGH POINT CHEMICALentered 1999-10-20

  Primary law: CERCLA

• ALLEGIANCE HEALTHCARE (GREENWOOD CHEMICAL CO)entered 2000-06-14

  Primary law: CERCLA

• ALLEGIAN HEALTHCARE (HUSTRULID, CLARENCE)entered 1999-10-20

  Primary law: CERCLA

• ALLEGIANCE HEALTHCORP, ET. AL.entered 1999-03-05

  Primary law: CERCLA

• ALLEGIANCE HEALTHCARE (CEREGHINO, ALBERT)entered 2000-06-14

  Primary law: CERCLA

Timeline (5 milestones)

• 1997-11-30Referred To Dept Of Justice
• 1997-12-08Complaint Filed With Court
• 1998-07-02Enforcement Action Data Entered
• 2000-06-14Final Order Lodged
• 2000-06-14Final Order Entered