EPA v. KANAWHA RIVER

Case summary

REMOVAL ORDER. THE KANAWHA RIVER SITE IS CONTAMINATED WITH 2,3,7,8 - TCDD. THIS CONTAMINANT IS A FINGERPRINT BY-PRODUCT OF THE PRODUCTION OF THE CHEMICALS 2,4,5-TRICHLOROPHENOXYACETIC ACID ( 2,4,5,-T ). 2,4,5-T WAS PRODUCED BY THE OLD MONSANTO COMPANY AT A FACILITY ON THE BANKS OF THE KANAWHA RIVER IN THE VICINITY OF NITRO, WV. THIS FACILITY IS THE PRIMARY SOURCE OF RELEASES OF 2,3,7,8-TCDD TO THE KANAWHA RIVER. 2,3,7,8-TCDD CONTAMINATION IN THE KANAWHA RIVER HAS CAUSED (1) A FISH ADVISORY BANNING CONSUMPTION OF FISH CAUGHT IN THE KANAWHA; AND (2) THE KANAWHA'S INCLUSION ON WV'S LIST OF WATER QUALITY-IMPAIRED WATER BODIES. RESPONDENT PHARMACIA IS AN ENTITY FORMERLY KNOWN AS MONSANTO COMPANY, THE FORMER OWNER AND OPERATOR OF THE AFOREMENTIONED CHEMICAL MANUFACTURING FACILITY. RESPONDENT MONSANTO IS A FORMER SUBSIDIARY OF PHARMACIA THAT IS NOW AN INDEPENDENT AND THAT HAS EXPRESSLY ASSUMED PHARMACIA'S LIABILITIES RELATED TO THE PRODUCTION OF 2,4,5-T. The current operator of the Nitro facility is Flexsys, a joint venture of Solutia, Inc. and Akzo Nobel. Solutia filed for Chapter 11 bankruptcy protection in December, 2003. The Region will be filing a proof of claim with respect to the Site in that bankruptcy. Both Solutia and Monsanto received Notice Letters from Region III. Monsanto forwarded its Notice Letter to Pharmacia, its former parent. In its response to Region III, Pharmacia stated that, because of certain Separation and Distribution Agreements between and among itself, Monsanto, and Solutia, any voluntary response activities at the Site would be performed by Monsanto and/or Solutia. Because the full extent of the Site is currently unknown and includes potentially large expanses of the Kanawha River, it is difficult to give an address for the Site. The Site is located in both Kanawha and Putnam Counties. Under this Consent Order, sampling will be limited to a portion of the Site, namely the 14-mile stretch of the Kanawha River, spanning from the confluence with the Coal River to the Windfield Dam. The Nitro facility, located at 1 Monsanto Road, Nitro, WV, is part of the Site. Flexsys plans to close and raze the facility sometime in March or April, 2004.

Defendants (2)

• MONSANTO CONamed in complaintNamed in settlement
• PHARMACIA CORPORATION A/K/A OLD MONSANTONamed in complaintNamed in settlement

Facilities (1)

• FLEXSYS/SOLUTIA FACILITY; KANAWAH RIVER

  1 MONSANTO ROAD, NITRO, WV, 25143

  Registry ID: 110000344208

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• MONSANTO CO ET ALentered 2004-03-18

  Primary law: CERCLA

Timeline (3 milestones)

• 2004-03-18Complaint Filed/Proposed Order
• 2004-03-18Final Order Issued
• 2004-03-22Enforcement Action Data Entered