EPA v. MULTI-CHEM, INC., KEITH FARM POND

Case summary

NATURE OF THE CASE: IN MARCH 1983 EPA REGION IV WAS CON- TACTED BY THE KENTUCKY DEPARTMENT OF NATURAL RESOURCES (KY- DNR) REGARDING POTENTIAL CONTAMINATION OF THE LOST RIVER CAVE SYSTEM IN BOWLING GREEN, KENTUCKY. THE SUSPECTED CON- TAMINANTS WERE VOLATILE ORGANIC COMPOUNDS. ON MARCH 30, 1983 IN RESPONSE TO A REQUEST FROM KY-DNR, THE EPA TECHNICAL AS- SISTANCE TEAM (TAT) ARRIVED IN BOWLING GREEN TO INVESTIGATE AND SAMPLE THE CAVE CONTAMINATION. AT THE SAME TIME, TAT AND KY-DNR REPRESENATIVES INVESTIGATED THE J.L. KEITH FARM POND IN BOWLING GREEN. A DUCK KILL ON THE POND HAD OCCURRED IN MAY 1982 AND CONTAMINANTS WERE BELIEVED TO BE PRESENT SIMU- LAR TO THOSE FOUND IN THE LOST RIVER CAVE SYSTEM. IN THE COURSE OF INVESTIGATING THE POND, THREE INDUSTRIAL ACTIVITIES WERE FOUND IN THE VICINITY: MULTI-CHEM, INC., A CHEMICAL REPACKAGING PLANT, FMC CORP., A HEAVY EQUIPMENT MANUFACTURER, AND WARNCO, AN AGRICULTURAL PRODUCTS COMPANY. DUE TO THE SIMILARITY BETWEEN THE MATERIALS HANDLED BY MULTI-CHEM AND THE CONTAMINANTS FOUND IN THE POND, IN SEP- TEMBER 1982 THE STATE OF KENTUCKY REQUESTED MULTI-CHEM TO PRESSURE-TEST ITS UNDERGROUND TANKS. NONE OF THE 18 UNDER- GROUND TANKS WERE FOUND TO BE LEAKING. FOLLOWING CONTINUED ODOR COMPLAINTS BY THE KEITHS IN FEB- RUARY 1983, THE KY-DNR SAMPLED THE POND AGAIN AND FOUND HIGH LEVELS OF VARIOUS VOLATILE CHLORINATED HYDROCARBONS. BASED UPON THE CONTINUED EXISTENCE OF CONTAMINATION IN THE POND, THE KY-DNR CALLED UPON EPA FOR ASSISTANCE IN CLEANING UP THE POND AND LOCATING THE SOURCE OF CONTAMINATION. EPA DETERMIN- ED THAT A RELEASE OR THREAT OF RELEASE OF HAZARDOUS SUB- STANCES HAD OCCURRED WHICH PRESENTED OR COULD PRESENT AN IM- MINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH OR WELFARE AND THAT AN IMMEDIATE REMOVAL RESPONSE PURSUANT TO SECTION 104 OF CERCLA WAS APPROPIATE. ON MARCH 31, 1983, THE ON-SCENE-COORDINATOR (OSC) LET A CONTRACT WITH O.H. MATERIALS CO. OF FINDLAY, OHIO, FOR TREATMENT AND DISPOSAL OF THE CONTAMINATED POND WATER AND FOR DISPOSAL OF CONTAMINATED SOIL IN THE VICINITY OF THE POND. BY APRIL 3, 1983, THE CARBON TREATMENT SYSTEM WAS IN PLACE AND FOR THE FOLLOWING 63 DAYS APPROXIMATELY 1,900,000 GALLONS OF POND WATER WERE TREATED AND DISCHARGED. DURING THE TREATMENT PERIOD, VARIOUS STUDIES WERE UNDER- TAKEN TO DETERMINE THE SOURCE OF THE CONTAMINATION. AS A RE- SULT OF THESE STUDIES,AND PRINCIPALLY A DYE TRACING STUDY, MULTI-CHEM WAS DETERMINED TO BE THE SOURCE OF THE CONTAMINA- TION IN THE POND. MR. WENDELL CAPPS, PRESIDENT AND SOLE STOCKHOLDER OF MULTI-CHEM, WAS NOTIFIED THAT THE COMPANY WAS A RESPONSIBLE PARTY AND WAS REQUESTED TO REMEDY THE PROB- LEM AT THE POND AND ON MULTI-CHEM'S PROPERTY IMMEDIATELY. MR. CAPPS DENIED RESPONSIBILITY FOR THE CONTAMINATION AT THE POND AND DECLINED TO TEST HIS TANKS FOR LEAKS. HE DID PERMIT EPA AND IT'S CONTRACTOR TO DIG HOLES AROUND THE TANKS AND LOOK FOR LEAKS. THESE TESTS REVEALED HIGH LEVELS OF VOLATILE ORGANICS. MR. CAPPS CHOSE TO REMOVE ALL UNDERGROUND TANKS AND PRODUCT LINES AND AGREED TO EXCAVATE THE CONTAMINATED SOIL AROUND THE TANKS AND LINES. MULTI-CHEM SPREAD THE CON- TAMINATED SOIL ON THE GROUND TO FACILITATE THE REMOVAL OF VOLATILE ORGANICS. AS OF MAY 9, 1983, MULTI-CHEM HAD MOVED ITS OPERATION TO HENDERSONVILLE, TENNESSEE, AND NO LONGER OPERATES A FACILITY AT THE BOWLING GREEN ADDRESS. IN EARLY JUNE 1983, AFTER A DETERMINATION THAT THE TOTAL ORGANICS CONCENTRATION IN THE POND WAS REMAINING CONSISTENTLY BELOW 10PPM FOLLOWING REMOVAL OF THE SOURCE OF CONTAMINATION, THE CARBON WATER TREATMENT SYSTEM WAS DEMOBILIZED AND THE REMOV- AL ACTION TERMINATED.

Defendants (1)

• MULTI-CHEMNamed in complaintNamed in settlement

Facilities (1)

• KEITH FARM PONDS

  HWY 31 S, BOWLING GREEN, KY, 42101

  Registry ID: 110009260655

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• MULTI-CHEMentered 1990-09-19

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-03-30Referred To Headquarters
• 1984-05-02Referred To Dept Of Justice
• 1984-06-29Referred TO U.S. Attorney
• 1984-07-31Complaint Filed With Court
• 1990-09-19Final Order Lodged
• 1990-09-19Final Order Entered
• 1990-09-19Concluded
• 1997-03-31Enforcement Action Closed