EPA v. CITY INDUSTRIES, INC. ET. AL.

Case summary

THIS IS THE FIRST RD/RA CONSENT DECREE IN THE COUNTRY WHEREIN THE DEFENDANTS WILL FUND RATHER THAN PERFORM THE CLEANUP OF THE SITE. THE CONSENT DECREE WAS STRUCTURED SO THAT EPA WAS ASSURED OF 100% NON-INTERRUPTED FUNDING OF THE RA. TWO OF THE VEHICLES FOR ACCOMPLISHING THIS PURPOSE WERE A PRIVATE CUSTODY ACCOUNT SET UP AND FUNDED BY THE DEFEN- DANTS AND AN EPA SPECIAL ACCOUNT WHICH WILL BE FUNDED BY THE CUSTODY ACCOUNT. THE OVER ONE HUNDRED DEFENDANTS TO ELECT TO CASHOUT AS DE MINIMIS DEFENDANTS OR TO SHARE THE CONTINUED LIABILITIES AND OBLIGATIONS OF THE NON-DE-MIMIMIS DEFENDANTS. THE CITY INDUSTRIES SITE IS LOCATED ON APPROXIMATELY ONE ACRE OF LAND IN WINTER PARK, FLORIDA. IN 1977, CITY INDUSTRIES, INC. DEVELOPED INTO A RECYCLING AND TRANSFER FACILITY FOR HAZARDOUS WASTES. DUE TO INADEQUATE PLAN PRACTICES AND INTENTIONAL DUMPING, SOIL AND GROUNDWATER AT THE SITE BECAME CONTAMINATED. THE MAY 1984, EPA CONDUCTED A REMOVAL ACTION IN WHICH IT HEAT TREATED 1,670 TONS OF CONTAMINATED SOIL. ON MARCH 29, 1990, THE ROD WAS SIGNED. THE REMEDY SELECTED WAS PUMPING AND TREATING CONTAMINATED GROUNDWATER ON-SITE AND THEN DISCHARGING THE GROUNDWATER TO A PUBLICLY- OWNED TREATMENT WORKS (POTW). THE ROD ALSO SELECTED A CONTINGENCY ALTERNATIVE IN THE EVENT THE POTW DOES NOT AGREE TO ACCEPT THE DISCHARGE. THE ALTERNATIVE WOULD REQUIRE ON- SITE TREATMENT OF THE GROUNDWATER AND A SURFACE DISCHARGE INTO A NEARBY DRAINAGE CANAL. SPECIAL NOTICE LETTERS FOR RD/RA WERE ISSUED TO APPROXIMATELY 200 PRPS FOR THE PURPOSE OF NEGOTIATING A SETTLEMENT FOR THE PRPS TO FINANCE OR PERFORM THE RD/RA AT THE CITY INDUSTRIES SITE. BECAUSE OF THE PRIOR HISTORY OF NEGOTIATIONS WITH THESE PRPS TO REMIBURSE EPA FOR PAST COSTS FROM A REMOVAL ACTION AT THE SITE, THE PRPS WERE READILY ABLE TO ORGANIZE A STEERING COMMITTEE THAT REPRESENTS APPROXIMATELY 175 OF THE PRPS. EPA HAS MANIFESTS SHOWING THE VOLUME OF WASTES DISPOSED OF AT THE SITE BY EACH PRP. NONE OF THE PRPS ARE RESPONSIBLE FOR A SUBSTANTIAL AMOUNT OF THE CONTAMINATION. THE VOLUMETRIC BREAKDOWN IS AS FOLLOWS: 1 GENERATOR CONTRIBUTED 6.5%; 1 GENERATOR CONTRIBUTED 2.6%; 1 GENERATOR CONTRIBUTED 3.4%; 8 GENERATORS CONTRIBUTED 2-4%; 19 GENERATORS CONTRIBUTED 1-2%; AND THE REMAINDER CON- TRIBUTED LESS THAT 1%. AS A RESULT OF THE NUMBER OF PRPS, AND THE VOLUMETRIC BREAKDOWN, THE STRONG CONSENSUS OF THE PRPS WAS THAT THEY WERE WILLING TO FINANCE RATHER THAN PERFORM THE RD/RA. THE REGION AGREED THAT UNDER THE CIRCUMSTANCES OF THIS CASE IT WOULD BE MORE COST EFFECTIVE AND EFFICIENT IF EPA PERFORMED THE RD/TA.

Defendants (225)

• U.S. CHEMICAL CORP.Named in settlement
• TEXACO, INC.Named in settlement
• GULFSTAR, INC.Named in settlement
• H.B. FULLER COMPANYNamed in settlement
• HAINES CITY CITRUS GROWERS ASSOCIATIONNamed in settlement
• HARMSCO, INC.Named in settlement
• HARRIS CORPORATION HEADQUARTERSNamed in settlement
• CAMBRIDGE LAMPS, INC.Named in settlement
• CENTRAL FLORIDA PIPELINE CORP.Named in settlement
• TEXTRON, INC.Named in settlement
• HARRIS PINT COMPANYNamed in settlement
• KELLER INDUSTRIESNamed in settlement
• LAKE WALES CITURS GROWERS ASSOCIATIONNamed in settlement
• LEED, NORTHRUP INSTRUMENTSNamed in settlement
• ANACONDA ALUMINUM-EXTRUDED PRODUCTSNamed in settlement
• ANHEUSER-BUSCH COMPANIES, INC.Named in settlement
• ANILAM ELECTRONICS CORP.Named in settlement
• ANTENNA TECHNOLOGIES CORPORATIONNamed in settlement
• ANTIQUE ACCENTNamed in settlement
• ARCHITECTURAL ALUMINUMNamed in settlement
• ARCO CHEMICAL COMPANYNamed in settlement
• ADAMS PACKING ASSOCIATION, INC.Named in settlement
• AIRWORK CORP.Named in settlement
• AKZO AMERICA, INC.Named in settlement
• LEWIS CHEMICAL CORP.Named in settlement
• …and 200 more

Facilities (1)

• CITY INDUSTRIES SUPERFUND

  3920 NORTH FORSYTH ROAD, WINTER PARK, FL, 32792

  Registry ID: 110010043336

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CITY INDUSTRIES, INC. ET ALentered 1991-12-09

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-04-10PRN Sent
• 1990-09-28Referred To Dept Of Justice
• 1990-10-01Enforcement Action Data Entered
• 1991-12-09Final Order Lodged
• 1991-12-09Final Order Entered
• 1991-12-09Complaint Filed With Court
• 1991-12-09Concluded
• 1997-03-31Enforcement Action Closed