EPA v. AGRICO CHEMICAL - OU2

Case summary

THE 30-ACRE AGRICO CHEMICAL CO. SITE IS BORDERED ON THE NORTH BY UNDEVELOPED LAND THAT IS USED FOR RECREATIONAL PURPOSES, ON THE EAST BY INTERSTATE 110, ON THE SOUTH BY FAIRFIELD DRIVE, AND ON THE WEST BY CSX TRANSPORTATION TRACKS. INDUSTRIAL ACTIVITY ON THE SITE BEGAN IN 1989, WHEN A COMPANY STARTED PRODUCING SULFURIC ACID FROM IRON PYRITE. AROUND 1920, THE AMERICAN AGRICULTURAL COMPANY BEGAN MAKING FERTILIZER FROM PHOSPHATE ROCK. THE PLANT UNDERWENT NUMEROUS OWNERSHIP CHANGES AND ITS NAME WAS CHANGED TOAGRICO. IN 1975, AGRICO STOPPED PRODUCTION, TORE DOWN THEBUILDINGS, AND SOLD THE LAND. ALL THAT REMAINS ON THE SITE ARE THE FOUNDATIONS OF FIVE BUILDINGS, INCLUDING A PLANT WHERE THE PHOSPHATE WAS PROCESSED. FOUR PONDS THAT WERE USED TO STORE LIQUID MANUFACTURING WASTES LIE TO THE NORTH AND EAST OF THE RUINS. IN 1985, A MUNICIPAL WATER WELL 1 1/4 MILES FROMTHE SITE WAS CLOSED DUE TO HIGH ACIDITY AND FLOURIDE CONCENTRATIONS. THE PRIMARY AQUIFER UNDER THE SITE IS HIGHLY PERMEABLE, WHICH FACILITATES THE MOVEMENT OF CONTAMINANTS INTO THE GROUNDWATER. GIVEN THE DIRECTION OF THE FLOW, ANY CONTAMINATION COULD ENTER BAYOU TEXAR OR PENSACOLA BAY. THIRTEEN COUNTY WELLS SERVING APPROXIMATELY 114,000 PEOPLE LIE WITHIN 3 MILES OF THE SITE. FEW RESIDENTS LIVE IN THE IMMEDIATE VICINITY OF THE SITE. THE GROUNDWATER, SOIL, AND SURFACE WATER ARE CONTAMINATED WITH LEAD AND SULFURIC ACID. THERE IS A POTENTIAL FOR THE WELL WATER TO BECOME CONTAMINATED BECAUSE OF GROUNDWATER MIGRATION, WHICH WOULD POSE A THREAT TO INDIVIDUALS WHO USE THE WELLS FOR THEIR WATER SUPPLY. THE SITE IS BEING ADDRESSED IN A SINGLE LONG-TERM REMEDIAL PHASE FOCUSING ON WATER POLLUTION AT THE SITE. UNDER EPA MONITORING, THE PARTIES POTENTIALLY RESPONSIBLE FOR SITE CONTAMINATION BEGAN AN INTENSIVE STUDY OF SITE PROBLEMS IN1 1989. AFTER ADDING THIS SITE TO THE NPL, THE EPA PERFORMED PRELIMINARY INVESTIGATIONS AND DETERMINED THAT NO IMMEDIATE ACTIONS WERE NEEDED AT THE AGRICO CHEMICAL CO. SITE SINCE THE CONTAMINATED WELL WAS ALREADY CLOSED.

Defendants (2)

• AGRICO CHEMICAL-DIV. OF FREEPORT-MCMORANNamed in complaintNamed in settlement
• CONOCO, INC.Named in complaintNamed in settlement

Facilities (1)

• AGRICO CHEMICAL CO.

  118 E FAIRFIELD DR @ I-110, PENSACOLA, FL, 32505

  Registry ID: 110009328165

Statutes cited

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

Enforcement conclusions (1)

• AGRICO CHEMICAL CO. (OU 2)entered 1997-03-10

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-10-20Enforcement Action Data Entered
• 1994-03-09PRN Sent
• 1995-03-28Referred To Dept Of Justice
• 1995-05-30Complaint Filed With Court
• 1997-03-10Final Order Lodged
• 1997-03-10Final Order Entered
• 1997-03-10Concluded