EPA v. DSI SITE

Case summary

SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, CERCLA, 42 U.S.C. SECTION 9607, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, IS THE STATUTORY AUTHORITY UPON WHICH THE RECOVERY OF COSTS FOR APPROXIMATELY $600,000 IN THIS MATTER IS BASED. THE SITE WAS OPERATED BY SEVERAL COMPANIES FOR APPROXI- MATELY SEVEN YEARS AS A USED OIL RE-REFINERY LOCATED ON THE BACKWATERS OF BILOXI BAY. USED OIL AND OTHER INDUSTRIAL WASTES WERE ACCEPTED AT THE SITE AND RESULTED IN A RECYCLED PRODUCT THAT EARL DUBOSE (D/B/A DSI, RSI AND/OR DUBOSE OIL CO.) SOLD AS AN INDUSTRIAL FUEL. IN MANY INSTANCES, THE DSI FACILITY PURCHASED AND/OR OBTAINED FREE OF CHARGE USED OILS AND FLUIDS FROM MANY HUNDREDS OF BUSINESSES IN SEVERAL STATES AND TRANSPORTED THE MATERIALS TO THE SITE WHERE THEY WERE RE-REFINED AND/OR DISPOSED. AS A RESULT OF THE RE- REFINING PROCESS, WASTE LIQUIDS AND SLUDGES GROSSLY CONTA- MINATED WITH PAHS WERE GENERATED AND DISPOSED ON-SITE IN THREE LAGOONS. THE SITE BECAME CONTAMINATED WITH ACENAPH- THENE, ACENAPHTHYLENE, ANTHRACENE, PYRENE, BENZO-ANTHRACENE, BENZENE, BIS(2-ETHYL-HEXYL) PHTHALATE, METHYLENE CHLORIDE, NAPHTHALENE, 2-CHLORONAPHTHALENE, PYRENE, BENZOPYRENE, TOLUENE, AND XYLENE. EPA DETERMINED THAT THERE HAD BEEN A RELEASE OF THESE WASTES CONTAINED IN THE SLUDGES AND LIQUIDS FROM THE ABANDONED DRUMS, LAGOONS AND WASTEWATER PRETREATMENT SYSTEM AND THERE WAS A THREAT OF ADDITIONAL RELEASES TO THE SURFACES WATERS.

Defendants (46)

• GE PLASTICSNamed in complaint
• PAT PECK NISSAN INC.Named in complaint
• PETRO SOURCE RESOURCESNamed in complaint
• RYAN WALSH, INCNamed in complaint
• SERMATECH INTERNATIONAL, INC.Named in complaint
• SHELL OFFSHORE, INCNamed in complaint
• SHELL PIPE LINE CORP.Named in complaint
• STANDARD FRUIT & STEAMSHIP CO.Named in complaint
• SUNBELT CHEMICALS, INC.Named in complaint
• TAB WELL SERVICESNamed in complaint
• TELEDYNE INDUSTRIES, INCNamed in complaint
• TENNECO OIL CO.Named in complaint
• TENNESSEE GAS PIPELINE CO.Named in complaint
• TEXACO, INC.Named in complaint
• TRANSCO EXPLORATION CO.Named in complaint
• TRANSCONTINENTAL GAS PIPE LINE CORP.Named in complaint
• UNISYS CORPORATIONNamed in complaint
• UNITED PARCEL SERVICE INC.Named in complaint
• UNIVERSAL MFG. CO.Named in complaintNamed in settlement
• WASTE OIL COLLECTORS INC.Named in complaint
• WELL VAC INC.Named in complaint
• GRAHAM ENERGY SERVICES INC.Named in complaint
• G.B. BOOTS SMITH CORP.Named in complaint
• GENERAL MOTORS CORP. GEONamed in complaint
• NEWPARK ENVIRONMENTAL SERVICES, INC.Named in complaint
• …and 21 more

Facilities (1)

• DUBOSE OIL PRODUCTS COMPANY

  1660 FIFTH STREET, BILOXI, MS, 39530

  Registry ID: 110003996560

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• DISPOSAL SYSTEMS, INC.entered 1992-03-31

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-01-05Enforcement Action Data Entered
• 1990-06-29Referred To Dept Of Justice
• 1992-03-31Final Order Lodged
• 1992-03-31Final Order Entered
• 1992-03-31Complaint Filed With Court
• 1992-03-31Concluded
• 1992-09-10Enforcement Action Closed