EPA v. DISTLER FARM AND BRICKYARD

Case summary

NATURE OF THE CASE: THIS IS A COST RECOVERY ACTION UNDER SECTION 107(A) OF CERCLA. RECOVERY IS SOUGHT AGAINST THE PAST OPERATOR & (2); PERSONS WHO ARRANGED FOR DISPOSAL OR TREATMENT, OR ARRANGED FOR TRANSPORT FOR DISPOAL OR TREAT- MENT. THE DISTLER FARM SITE WAS FIRST IDENTIFIED IN 1977 DURING THE DEVELOPMENT OF AN ENFORCEMENT CASE AGAINST DONALD F. DISTLER, OWNER OF KLR, INC. IN DECEMBER 1978, A FEDERAL JUDGE FOUND MR. DISTLER GUILTY OF CRIMINALLY DISCHARGING TWO TOXIC CHEMICALS INTO THE LOUISVILLE SEWER SYSTEM. IN AN EF- FORT TO LOCATE OTHER SITES THAT KLR MAY HAVE USED FOR CHEMI- CAL WASTE STORAGE OR DISPOSAL, EPA PERSONNEL INSPECTED THE PROPERTY OF DONALD DISTLER'S FATHER, MR. WILLIAM DISTLER, IN MAY 1977. EPA PERSONNEL FOUND APPROXIMATELY600 DRUMS OF IN- DUSTRIAL WASTES STORES ON THE SURFACE & THREE AREAS W/BURIED DRUMS LOCATED W/IN THE 13.6 ACRES WHICH CONSTITUTE MR. DIST- LER'S FARM. THIS FARMLAND WAS ASSIGNED THE NAME DISTLER FARM SITE IN THE EPA POTENTIAL HAZARDOUS WASTE SITE TRACKING SYS- TEM, AND IS ALSO REFERRED TO AS THE STUMP GAP CREEK AREA. RELIEF SOUGHT: RECOVERY IS SOUGHT OF DOCUMENTED COSTS THE DISTLER FARM SITE. COSTS AT THE DISTLER FARM PRESENTLY TOTAL $976,679.49. THIS TOTAL DOES NOT INCLUDE INTEREST; ATTY'S FEES; ADDITIONAL COSTS FOR SITE CLEANUP; ENFORCEMENT COSTS; OR ADDITIONAL REMEDIAL COSTS.

Defendants (55)

• KIMBALL INTERNATIONAL, INC.Named in complaintNamed in settlement
• MOBIL OIL CORP.Named in complaintNamed in settlement
• MONSANTO COMPANYNamed in complaintNamed in settlement
• OLIN-CORPORATIONNamed in complaintNamed in settlement
• OWENS-CORNING FIBERGLASS CORPORATIONNamed in complaintNamed in settlement
• OWENS-ILLINOIS, INC.Named in complaintNamed in settlement
• P.D. GEORGE COMPANYNamed in complaintNamed in settlement
• PORTER PAINT CO.Named in complaintNamed in settlement
• PRESCOTECH INDUSTRIES, INC.Named in complaintNamed in settlement
• PRINTPACK, INC.Named in complaintNamed in settlement
• REYNOLDS METALS CO. & REYNOLDS ALUMINUMNamed in complaintNamed in settlement
• SAFETY-KLEEN ENVIROSYSTEMS COMPANYNamed in complaintNamed in settlement
• STYLINE INDUSTRIES, INC.Named in complaintNamed in settlement
• SWITCHES, INC.Named in complaintNamed in settlement
• UNION CARBIDE CORP.Named in complaintNamed in settlement
• VELSICOL CHEMICAL CO.Named in complaintNamed in settlement
• WEYERHAUSER COMPANYNamed in complaintNamed in settlement
• WICKES COMPANIES, INC.Named in complaintNamed in settlement
• WRIGHT, JO ANN FOR CLARA DISTLER ESTATENamed in complaintNamed in settlement
• ILLINOIS TOOL COMPANYNamed in complaintNamed in settlement
• JAMES RIVER CORP. OF NEVADANamed in complaintNamed in settlement
• JASPER CHAIR COMPANY, INC.Named in complaintNamed in settlement
• JASPER DESK COMPANY, INC.Named in complaintNamed in settlement
• JASPER SEATING COMPANY, INC.Named in complaintNamed in settlement
• KIMBALL ELECTRONICS, INC.Named in complaintNamed in settlement
• …and 30 more

Facilities (1)

• DISTLER FARM

  BLEVINS GAP RD, JEFFERSON COUNTY, KY, 40272

  Registry ID: 110009287627

Statutes cited

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

Enforcement conclusions (2)

• DISTLER, DONALD ET AL.entered 1995-10-12

  Primary law: CERCLA

• DISTLER, DONALD ET AL.(KIMBALL) (04-1996-C007)entered 1995-10-26

  Primary law: CERCLA

Timeline (8 milestones)

• 1986-10-31Returned To Region
• 1987-01-09Rereferred
• 1988-01-27Referred To Dept Of Justice
• 1988-03-25Complaint Filed With Court
• 1995-10-26Concluded
• 1995-10-26Final Order Lodged
• 1995-10-26Final Order Entered
• 1997-08-28Enforcement Action Data Entered