EPA v. ARLINGTON BLENDING-LAWSUIT

Case summary

NATURE OF THE CASE: THE GALLAWAY PITS SITE IS LOCATED APPROXIMATELY THIRTY MILES NORTHEAST OF MEMPHIS, TENNESSEE, IN FAYETTE COUNTY. THE SITE WAS INITIALLY USED FOR SAND AND GRAVEL MINING OPERATIONS, WHICH CREATED LARGE OPEN PITS. SINCE ABOUT 1972, THE SITE HAS BEEN USED FOR THE UNREGULATED DUMPING OF ASSORTED HAZARDOUS SUBSTANCES. ABPC HAS SINCE GONE OUT OF BUSINESS. ANALYSIS OF WATER SAMPLES OBTAINED FROM THE PITS ON THE SITE REVEALED HIGH LEVELS OF VARIOUS PESTICIDES. ACCORDING- LY, REMOVAL ACTIONS WERE COMMENCED ON OCTOBER 4, 1983 AT THE PIT WHICH CONTAINED THE MOST SERIOUS CONTAMINATION. CONTAMINATED WATER WAS REMOVED FROM THE PIT, TREATED TO REDUCE THE PESTICIDE CONTAMINATION TO LEVELS CONSISTENT WITH STATE WATER POLLUTION LAW, AND DISCHARGED INTO A NEARBY CREEK. WASTE-FILLED DRUMS AND CONTAMINATED SLUDGE WERE THEN REMOVED FROM THE PIT AND TRANSPORTED TO A DISPOSAL FACILITY. FINALLY, TWO FEET OF FILL WERE PLACED OVER THE BOTTOM OF THE PIT. REMOVAL ACTIVITIES WERE COMPLETED ON OCTOBER 23, 1983. TOTAL REMOVAL COSTS THROUGH APRIL 1985 WERE DOCUMENTED AT $314,244.48. EPA IS CURRENTLY TAKING REMEDIAL ACTION AT THE SITE. THE SITE HAS BEEN ON THE NATIONAL PRIORITIES LIST SINCE DECEMBER 1982. THE SITE IS LOCATED APROXIMATELY 24 MILES NORTHWEST OF MEMPHIS, TENNESSEE, IN SHELBY COUNTY. FROM THE 1950S THROUGH 1978, THE ARLINGTON BLENDING & PACK- AGING COMPANY (ABPC) OPERATED A PESTICIDES BLENDING BUSINESS ON THE SITE. DUE TO IMPROPER HANDLING AND STORAGE OF THE PESTICIDES AND OTHER CHEMICALS, THE SITE BECAME SERIOUSLY CONTAMINATED WITH VARIOUS HAZARDOUS SUBSTANCES. (WASTES FROM ABPC WERE ALSO FOUND AT THE GALLOWAY PITS SITE, WHICH IS THE SUBJECT OF ANOTHER COST RECOVERY CASE.) ABPC HAS SINCE GONE OUT OF BUSINESS. THE SITE IS BORDERED TO THE EAST BY A RESIDENTIAL DEVELOP- MENT, & AT LEAST 2 DRINKING WATER WELLS ARE IN THE VICINITY. IN ADDITION, THE WATER PLANT FOR THE CITY OF ARLINGTON IS LO CATED ADJACENT TO THE SITE. IN JUNE 1983, EPA COLLECTED & ANALYZED SOIL SAMPLES FROM THE IMMEDIATE VICINITY. THE SAMPLES SHOWED HIGH CONCENTRA- TIONS OF VARIOUS PESTICIDES ON SITE, IN THE YARDS OF ADJA- CENT HOMEOWNERS, & IN SURROUNDING DRAINAGE AREAS. EPA NO- TIFIED THE OWNER OF HIS POTENTIAL LIABI8LITY, REQUETING THAT HE CLEAN UP THE SITE, BUT HE REFUSED. CONSEQUENTLY, EPA INITIATED AN IMMEDIATE REMOVAL ACTION ON 4 OCTOBER 1983. DRUMS CONTAINING VARIOUS CHEMICAL WASTES, CONTAMINATED WASTES, CONTAMINATED SOIL, & VARIOUS OTHER CON- TAMINATED DEBRIS WERE REMOVED FROM THE SITE & TRANSPORTED TO AN APPROVED DISPOSAL FACILITY. THE FLOORS OF THE PLANTS & BUILDINGS WERE CLEANED WITH HOT WATER LASERS WITH THE CON- TAMINATED WATER TREATED AFTER COLLECTION. FINALLY, THE AREAS WHICH WERE DUG UP WERE REFILLED WITH UNCONTAMINATED SOIL. REMOVAL ACTIVITIES WERE COMPLETED ON 3 NOVEMBER 1983. THE TOTAL REMOVAL COSTS AS OF SEPT 1985 WERE DOCUMENTED AT $598,047.44. EPA IS CURRENTLY TAKING REMEDIAL ACTION AT THE SITE.

Defendants (11)

• BASF CORPORATION
• BELL, WILLIAMNamed in complaintNamed in settlement
• CHEMWOOD CORPORATION
• CIBA-GEIGY CORPORATION
• DREXEL CHEMICAL COMPANY
• MEEKS, ROBERTNamed in complaintNamed in settlement
• MONSANTO COMPANYNamed in complaintNamed in settlement
• NO-AM CHEMICAL COMPANY
• TERMINIX INTERNATIONAL, INC.Named in complaintNamed in settlement
• VELSICOL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• WORMALD AMERICA, INC.

Facilities (2)

• ARLINGTON BLENDING AND PACKAGING

  12121 US HIGHWAY 70, ARLINGTON, TN, 38002

  Registry ID: 110006121650

• GALLAWAY PITS

  OFF HWY 70, GALLAWAY, TN, 38036

  Registry ID: 110009311967

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• MONSANTO, BELL, AND MEEKSentered 1996-08-19

  Primary law: CERCLA

Timeline (6 milestones)

• 1985-12-02Referred To Dept Of Justice
• 1986-11-03Complaint Filed With Court
• 1996-08-19Final Order Lodged
• 1996-08-19Final Order Entered
• 1996-08-19Concluded
• 1997-08-28Enforcement Action Data Entered