EPA v. DIAMOND SHAMROCK

Case summary

ON MARCH 3, 1994 A MINI-LITIGATION REPORT WAS FORWARDED TO HEADQUARTERS FOR THE RD/RA NEGOTIATIONS ON THE DIAMOND SHAMROCK LANDFILL SITE IN CEDARTOWN, POLK COUNTY, GEORGIA. THE SITE WAS INCLUDED IN THE NPL IN JANUARY 1987. IN 1972, APPROXIMATELY 1500 GALLONS OF MTALL OIL PITCH, FATTY ACIDS, GLYCERIDES AND OIL WERE BURIED IN TRENCHES AT THE SITE. HENKIL CORP. THE CURRENT OWNER/OPERATOR ENTERED INTO AN AOC FOR REMOVAL AND THEREAFTER AN AOC AGREEING TO CONDUCT TH RI/FS. CURRENTLY THERE ARE TWO PRP'S, HENKIL CORPORATION AND OCCIDENTAL CHEMICAL CORPORATION, THE SUCESSOR TO THE OWNER/OPERATOR OF THE SITE AT THE TIME WASTE WAS BURIED. RA'S PERFERRED REMEDY WOULD CALL FOR: 1) DEED RESTRICTIONS 2) SITE ACCESS RESTRICTIONS 3) GROUNDWATER AND CEDAR CREEK SURFACE WATER MONITORING 4) FIVE YEAR REVIEWS 5) CONTINUED GROUNDWATER MONITORING TO BE APPROVED BY EPA THE ROD IS EXPECTED TO BE SIGNED DURING THE FIRST WEEK OF MAY, 1994.

Defendants (1)

• HENKEL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• DIAMOND SHAMROCK LDFL

  W JARRARD AVE, CEDARTOWN, GA, 30125

  Registry ID: 110013763846

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• HENKEL CORPORATIONentered 1995-03-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-03-03PRN Sent
• 1994-04-08Enforcement Action Data Entered
• 1994-10-14Referred To Dept Of Justice
• 1995-01-26Complaint Filed With Court
• 1995-03-30Final Order Lodged
• 1995-03-30Final Order Entered
• 1995-03-30Concluded