EPA v. TOWER CHEMICAL COMPANY

Case summary

NATURE OF THE CASE: DURING THE PERIOD FROM 1957 TO LATE 1980, TOWER CHEMICAL CO. OPERATED A PLANT IN CENTRAL FLORIDA WHICH MANUFACTURED AND DISTRIBUTED AGRICULTURAL PRODUCTS IN- CLUDING VARIOUS PESTICIDES. WASTEWATER ASSOCIATED WITH THE PRODUCTION OF PESTICIDES WAS DISCHARGED INTO AN UNLINED POND AND BOXES AND BAGS FORMERLY USED FOR PESTICIDE CONTAINMENT WERE DISPOSED OF BY OPEN BURNING AND BURIAL ON THE SITE. IN- VESTIGATIONS AT THE SITE BY EPA AND FDER DOCUMENTED THE PRE- SENCE OF VARIOUS PESTICIDES AND METALS IN WATER AND SEDIMENT SAMPLES TAKEN FROM THE POND, IN SOIL IN THE BURIAL/BURN AREA AND IN THE GROUNDWATER. SUCH SUBSTANCES INCLUDED DDT,KELT- HANE, DIBROMOCHLOROPROPANE ( DBCP ), CHLOROBENZILATE, AR- SENIC, CADMIUM, COPPER, AND ZINC. CAUSE OF ACTION: PURSUANT TO THE AUTHORITY OF SECTION 104 OF CERCLA, EMERGENCY RESPONSE TRUST FUNDS WERE USE TO FINANCE AN IMMEDIATE REMOVAL ACTION AT THE TOWER CHEMICAL CO SITE. PRIOR TO THE IMMEDIATE REMOVAL, A CERCLA SECTION 106 ORDER WAS ISSUED REQUIRING RESPONSIBLE PARTIES TO CONDUCT THE CLEAN UP. THE PARTIES FAILED TO UNDERTAKE THE REQUIRED ACTION. SECTION 107 OF CERCLA AUTHORIZES THE U.S. TO RECOVER SECTION 104 RESPONSE COSTS AND PUNITIVE DAMAGES THROUGH CIVIL ACT- ION IN FEDERAL DISTRICT COURT. RECOMMENDED ACTION: IT IS THE PURPOSE OF THIS REFERRAL TO RECOMMEND THAT THE DEPARTMENT OF JUSTICE INITIATE A CIVIL ACTION ON BEHALF OF EPA TO RECOVER ALL COSTS OF THE IMMEDIATE REMOVAL AT THE ABOVE-MENTIONED SITE AND THREE TIMES SUCH AMOUNT AS PUNITIVE DAMAGES.

Defendants (2)

• JAMES GALLAGHER/GALLAGHER LAND TRUSTNamed in complaintNamed in settlement
• RALPH ROANE/TOWER CHEMICAL CONamed in complaintNamed in settlement

Facilities (1)

• TOWER CHEMICAL CO.

  MONTVERDE RD, CLERMONT, FL, 34711

  Registry ID: 110009274668

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 107C3 — Treble Damages
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• TOWER CHEMICAL COMPANYentered 1988-01-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1984-08-02Referred To Dept Of Justice
• 1985-04-24Referred TO U.S. Attorney
• 1985-04-24Complaint Filed With Court
• 1988-01-28Final Order Lodged
• 1988-01-28Final Order Entered
• 1988-01-28Concluded
• 1997-08-28Enforcement Action Data Entered