EPA v. SC RECYC & DSPL INC. (AKA SCRDI / BLUFF ROAD/MONSANTO)

Case summary

STORAGE, TRTMNT, & DISPOSAL OF SOLID & HAZD WASTES HAS BEEN OCCURING AT THE DEFENDANTS' SITES ON BLUFF RD. NEAR COLUMBIA, S.C. SINCE 1974. THE SUIT ALLEGES THAT THE ACTIVITIES OF THE DEFENDANTS HAVE CONTAMINATED SOIL & PRESENT A DANGER OF GROUNDWATER CONTAMINATION, & OF EXPLOSION & FIRE. DEF. OSCAR SEIDENBERG OWNS THE BLUFF RD. SITE. SOUTH CAROLINA RECYCLING AND DISPOSAL, INC. (SCRDI) & CO-DEF. COLUMBIA ORGANIC CHEMICAL COMPANY (COCC) LEASE THE PROPERTY FOR THEIR OPERATIONS. A JAN. 11, 1980 ORDER OF THE STATE CIRCUIT COURT ORDERED REMOVAL OF ALL WASTES FROM ANOTHER SITE OPERATED BY DEF. SCRDI BY MAY 18, 1980, ALLOWING FOR TEMP. STORAGE AT BLUFF RD. A RECEIVER WAS APPOINTED AFTER THE DEF. FAILED TO COMPLY WITH THE ORDER & WAS FOUND IN CONTEMPT OF COURT. SCRDI MAINTAINED A STORAGE AREA & WAREHOUSE AT THE BLUFF RD. SITE. THE CO. OPERATED ON THE PROPERTY FOR APPROX. 6 YRS. CONTAINERS OF WASTES WERE DELIVERED BY TRUCKS OWNED MOSTLY BY THE DEF. & STORED UNTIL THEIR CONTENTS ARE SOLD OR TRANSPORTED FOR RECYCLING OR DISPOSAL. COCC IS A CHEM MANUFACTURER & HAS USED THE BLUFF RD. SITE FOR CHEM STORAGE SINCE 1974. PRIOR TO 1977, SCRDI WAS A DIV. OF COCC. SOME OF THE WASTES ARE IN THE WAREHOUSE THOUGH MOST ARE CONTAINED IN THE APPROX. 6000 DRUMS IN VARIOUS STATES OF DISREPAIR. ACCORDING TO THE COMPLAINT NONE OF THE DRUMS ARE ON PALLETS, MANY ARE LEAKING, & ON HOT DAYS UNCOVERED DRUMS OFTEN EMIT FUMES & VAPORS. NUMEROUS CHEMICALS WITH FLAMMABLE & TOXIC PROPERTIES ARE ON-SITE. THEY INCLUDE HEXANE, TOLUENE, ACETONE, & BENZENE AMONG OTHERS. THE LACK OF SEGREGATION OF INCOMPATIBLE CHEMICALS COMBINED WITH LEAKY DRUMS IS ALLEGED TO INCREASE THE PROBABILITY OF CHEM. REACTIONS. ON OCT. 26, 1977 A HEAVY RAINFALL CAUSED A CHEM. REACTION WITH WASTES STORED IN LEAKING DRUMS, CAUSING FORMATION OF A TOXIC CLOUD THAT HOSPITALIZED 50 PEOPLE. ON JULY 24, 1979 A FIRE OCCURRED IN THE WAREHOUSE WHEN UNKNOWN SUBSTANCES IN GLASS JARS LEAKED ONTO SM. 6-GAL DRUMS ALSO CONTAINING UNKNOWN SUBSTANCES, & EXPLODED. THIS SITE IS ON THE PROPOSED NPL.

Defendants (11)

• EATON CORPNamed in complaintNamed in settlement
• MONSANTO CO.Named in complaintNamed in settlement
• SCRDI BLUFF RD.Named in complaintNamed in settlement
• SEIDENBERG, OSCARNamed in complaintNamed in settlement
• WILL ROSS, INC. (3RD PARTY DEFENDANT)
• ALLIED CORP.Named in complaintNamed in settlement
• AQUAIR CORPNamed in complaintNamed in settlement
• COLUMBIA ORGANIC CHEMICAL CO.Named in complaintNamed in settlement
• EM INDUSTRIES, INC.Named in complaintNamed in settlement
• G.D. SEARLE & CO. (3RD PARTY DEFENDANT)
• HUTCHINSON, HARVEYNamed in complaintNamed in settlement

Facilities (1)

• SOUTH CAROLINA RECYC & DISP

  DREYFUS & ASSEMBLY STS, COLUMBIA, SC, 29201

  Registry ID: 110008549035

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• SOUTH CAROLINA RECYCLING & DISentered 1982-03-23

  Primary law: CERCLA

Timeline (8 milestones)

• 1980-03-10Referred To Dept Of Justice
• 1980-07-06Referred TO U.S. Attorney
• 1980-07-07Complaint Filed With Court
• 1982-03-23Final Order Lodged
• 1982-03-23Final Order Entered
• 1992-05-15Concluded
• 1992-05-15Enforcement Action Closed
• 1998-10-19Enforcement Action Data Entered