EPA v. PRAIRIE METALS & CHEMICAL SITE

Case summary

ON SEPTEMBER 29, 1994, EPA FORWARDED TO THE DEPARTMENT OF JUSTICE A CIVIL REFERRAL REQUESTING THAT IT FILE AN ACTION AGAINST THE CITY OF ABERDEEN, MISSISSIPPI AND THE FOURTH DISTRICT SUPERVISORS OF MONROE COUNTY. THE RECOMMENDED DEFENDANTS, THE CITY OF ABERDEEN AND THE COUNTY OF MONROE, ARE THE CURRENT OWNERS OF THE SITE AND THEY OWNED THE SITE AT THE TIME OF A DISPOSAL OF A HAZARDOUS SUBSTANCE. RELIEF REQUEST IS ALL RESPONSE COSTS WHICH HAVE BEEN AND WILL BE INCURRED BY THE UNITED STATES AT AND IN CONJUNCTION WITH THE PRAIRIE METALS AND CHEMICAL COMPANY SITE, IN PRAIRIE, MISSISSIPPI, PLUS INTEREST, AND ATTORNEY'S FEES AND COSTS. THE AMOUNT OF COSTS EPA HAS INCURRED THROUGH JUNE 3, 1994, IS $1,398,044.93. THE SITE WAS REFERRED TO EPA IN 1985 BY THE STATE OF MISSISSIPPI. IN SEPTEMBER 1985, EPA CONDUCTED A SITE SCREENING INVESTIGATION AND FOUND CONCENTRATIONS OFCHROMIUM, LEAD, AND NICKEL. THE SITE WAS REFERRED TO THE EMERGENCY RESPONSE AND REMOVAL BRANCH BECAUSE OF THE THREAT OF EXPOSURE TO THE PUBLIC FROM DIRECT CONTACT WITH THE CONTAMINANTS ONSITE AND THE POTENTIAL DISCHARGE OF WASTEWATER FROM THE LAGOON SPILLING INTO THE ADJACENT CREEK. WHAT MAY BE A PROBLEM FOR EPA IS THE STATUTE OF LIMITATIONS. THE LAST ENTRY IN THE ON-SCENT COORDINATOR'S LOG BOOK THAT SHOWS ANY ACTUAL ON SITE WORK IS OCTOBER 10, 1991, THIS WOULD MEAN THAT THE SOL DATE WOULD BE OCTOBER 10, 1994. EPA WILL HAVE TO RELY ON ORAL EVIDENCE AND HOTEL RECEIPTS FOR LATER DATE.

Defendants (2)

• ABERDEEN, MISSISSIPPI, CITY OFNamed in complaintNamed in settlement
• MONROE COUNTY, MISSISSIPPINamed in complaintNamed in settlement

Facilities (1)

• PRAIRIE METALS & CHEMICAL CO

  ABERDEEN INDUSTRIAL PARK, ABERDEEN, MS, 39730

  Registry ID: 110009280385

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• PRAIRIE METALS & CHEMICALSentered 1998-05-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-05-11Enforcement Action Data Entered
• 1994-09-29Referred To Dept Of Justice
• 1994-10-30Complaint Filed With Court
• 1998-05-14Final Order Lodged
• 1998-05-14Final Order Entered
• 1998-05-14Concluded
• 2001-06-18Enforcement Action Closed