EPA v. PRENTISS CREOSOTE AND FOREST PRODUCTS, INC.

Case summary

THIS CASE CONCERNS A WOOD TREATMENT FACILITY LOCATED IN JEFFERSON DAVIS COUNTY, MS, APPROXIMATELY 2 MILES FROM PRENTISS, MS. WOOD TREATMENT REPORTEDLY BEGAN AT THIS LOCATION IN 1957 OR 1960, OR BY ANOTHER REPORT, AS EARLY AS THE 1940'S, AND CONTINUED THROUGH CHANGES IN OWNERSHIP UNTIL 1986. THE PROPOSED RCRA CLAIMS CONCERN THE FACILITY'S LOSS OF INTERIM STATUS ON NOVEMBER 8, 1985, VIOLATIONS ARISING FROM THE ABANDONMENT OF THE FACILITY IN 1986, AND CORRECTIVE ACTION NEEDED ONSITE. FOLLOWING THE ABANDONMENT OF THE FACILITY, A PHASED REMOVAL ACTION WAS BEGUN BY EPA IN 1987, GIVING RISE TO COST RECOVERY CLAIMS UNDER CERCLA IN EXCESS OF $3,500,000. WHILE IN OPERATION, THE FACILITY INCLUDED A THREE-CELLED SURFACE IMPOUNDMENT USED FOR THE TREATMENT OF PROCESS WASTEWATER AND CONTAINING EPA HAZARDOUS WASTE NUMBER K001. CONSEQUENTLY, THE FACILITY WAS SUBJECT TO REGULATION UNDER RCRA, AND A PART A APPLICATION WAS SUBMITTED, QUALIFYING THE FACILITY FOR INTERIM STATUS. HOWEVER, THE FACILITY LOST INTERIM STATUS ON NOVEMBER 8, 1985, AS A RESULT OF THE FAILURE TO SUBMIT A PART B APPLICATION AND GROUNDWATER MONITORING AND FINANCIAL RESPONSIBILITY CERTIFICATIONS. FROM 1972 UNTIL 1985, THE FACILITY WAS OWNED AND OPERATED BY PRENTISS CREOSOTE AND FOREST PRODUCTS, INC. IN AUGUST 1985, THE OFFICERS OF PRENTISS CREOSOTE TRANSFERRED THE ASSETS OF THE COMPANY, WITH THE EXCEPTIONOF THE IMPOUNDMENT, TO A NEWLY CREATED CORPORATION, AMERICAN HEARTWOOD, INC. AMERICAN HEARTWOOD CONTINUED THE WOOD TREATING OPERATIONS UNTIL 1986, WHEN BANKRUPTCIES WERE FILED ON BEHALF OF BOTH CORPORATIONS AND OPERATIONS CEASED AT THE SITE. FOLLOWING THE CLOSING OF THE BUSINESS, EPA DETERMINED THAT THE IMPOUNDMENT WAS IN DANGER OF OVERTOPPING, AND A REMOVAL ACTION WAS UNDERTAKEN, WHICH IS STILL IN PROGRESS. EPA NOW SEEKS TO RECOVER THE SUBSTANTIAL COSTS INCURRED IN CONNECTION WITH THE REMOVAL ACTION, AS WELL AS TO ADDRESS THE RCRA CLAIMS. IN VIEW OF THE BANKRUPTCIES, IN ORDER TO OBTAIN EFFECTIVE RELIEF, IT WILL BE NECESSARY TO PURSUE CLAIMS AGAINST A NUMBER OF INDIVIDUALS FORMERLY INVOLVED IN THE MANAGEMENT OF THE FACILITY. THERE IS A QUESTION WHETHER SIGNIFICANT ASSETS CAN ACTUALLY BE REACHED, ALTHOUGH INFORMATION RESPONSES HAVE REVEALED COMBINED INDIVIDUAL ASSETS IN EXCESS OF $1,000,000.

Defendants (7)

• ALLEN, EMMETTENamed in complaintNamed in settlement
• LIPSEY, HENRYNamed in complaintNamed in settlement
• MURPHY, THOMAS L.Named in complaintNamed in settlement
• PRENTISS CREOSOTE & FOREST PRODUCTS, INCNamed in complaintNamed in settlement
• PRENTISS CREOSOTE MATERIALS, INC.Named in complaintNamed in settlement
• SESSIONS POLKNamed in complaintNamed in settlement
• WHITE, WILLIAMNamed in complaintNamed in settlement

Facilities (1)

• PRENTISS CREOSOTE & FOREST PRO

  JEFF DAVIS LAKE RD, PRENTISS, MS, 39474

  Registry ID: 110010712693

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CERCLA 107 — Superfund

Enforcement conclusions (2)

• PRENTISS CREOSOTE & FOREST PRDentered 1992-09-30

  Primary law: CERCLA

• PRENTISS CREOSOTE & FOREST PRDentered 1992-09-29

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-05-12Referred To Dept Of Justice
• 1989-07-19Complaint Filed With Court
• 1992-09-30Concluded
• 1992-09-30Final Order Lodged
• 1992-09-30Final Order Entered
• 1997-08-28Enforcement Action Data Entered
• 2001-12-20Enforcement Action Closed