EPA v. HINSON SUPERFUND SITE

Case summary

THE COMPLAINT NAMES FIFTEEN CORPORATE DEFENDANTS THAT WERE FOUND TO BE GENERATORS AT THE SITE. DOJ WILL FILE THE COMPLAINT WITHIN THE NEXT TWO MONTHS. BACKGROUND: THE HINSON CHEMICAL SITE ALSO KNOWN AS THE HINSON CLOVER SITE (HEREINAFTER REFERRED TO COLLECTIVLY AS THE SITE) IS LOCATED ON HIGHWAY 49, APPROXIMATELY ONE MILE WEST OF LAKE WYLIE, YORK COUNTY, SOUTH CAROLINA. LAKE WYLIE FORMS THE BORDER WITH NORTH CAROLINA, APPROXIMATELY 15 MILES SOUTHWEST OF CHARLOTTE. THE 2.8 ACRE SITE IS BORDERED BY THE RIVER HILLS COMMUNITY TO THE SOUTH WITH RESIDENCES TO THE EAST AND WEST, AND STATE HIGHWAY 49 TO THE NORTH. DURING AUGUST 1967, THE SITE WAS PURCHASED BY BON HINSON, THE PRESIDENT OF HINSON CHEMICAL SPECIALTIES. THE SITE WAS OPERATED AS A SOLVENT RECLAMATION FACILITY. IN FEBRUARY 1971, SEPCO WAS INCORPORATED AND THEREAFTER MERGED WITH HINSON CHEMICAL SPECIALTIES. SUBSEQUENTLY, SEPCO OPENED ANOTHER FACILITY IN FORT LAWN, S.C., KNOWN AS THE CAROLAWN SITE. THE NEW FACILITY WAS PRIMARILY USED AS A STORAGE HOLDING FACILITY WHILE RECYCLING AND DISPOSAL ACTIVITIES CONTINUED AT THE HINSON, CLOVER SITE. PURSUANT TO A SHOW CAUSE HEARING, SEPCO WAS ORDERED TO CEASE OPERATION OF ITS SOLVENT RECOVERY FACILITY IN HINSON, CLOVER (THE SITE) UNTIL PROPER PERMITS WERE OBTAINED FROM THE STATE. IN 1973, SEPCO FILED FOR BANKRUPTCY AND IN OCTOBER 1974, THE SITE WAS OFFICIALLY ABANDONED BY PETITION TO THE REFEREE IN BANKRUPTCY. SUBSEQUENTLY, IN NOVEMBER 1974, COLUMBIA ORGANICS CHEMICCAL COMPANY, INC., (COCC) WAS HIRED BY THE PEOPLES NATIONAL BANK, A SECURED CREDITOR OF SEPCO TO REMOVE ALL THE WASTE FROM THE SITE. IN APRIL 1988, EPA VISITED WAS FIRST NNOTIFIED BY THE STATE, AFTER THE CURRENT OWNER OF THE SITE UNEARTHED SEVERAL DRUMS OF WASTE AT THE SITE. IN JULY 1988, EPA COMMENCED A REMOVAL ACTION WHICH INCLUDED THE REMOVAL AND DISPOSAL OF OVER 200 DRUMS; SEVERAL SOIL AND GROUND WATER INVESTIGATIONS AND THE INSTALLATION OF A VAPOR EXTRACTION SYSTEM TO REMOVE THE VOLATILE ORGANIC CONTAMINANTS FROM THE SOIL.

Defendants (33)

• SHERWIN WILLIAMS COMPANYNamed in complaintNamed in settlement
• SINGER COMPANYNamed in complaintNamed in settlement
• STORK SCREENS AMERICA, INC.Named in complaintNamed in settlement
• W.R. GRACE & CO.Named in complaintNamed in settlement
• 3M CORPORATIONNamed in complaintNamed in settlement
• AAF MCQUAY, INC.Named in complaintNamed in settlement
• AKZO NOBEL COATINGS, INC.Named in complaintNamed in settlement
• ALLIEDSIGNAL, INC.Named in complaintNamed in settlement
• AMERIWOOD INDUSTRIES INTERNATIONAL CORP.Named in complaintNamed in settlement
• AMPEX RECORDING MEDIA CORPORATIONNamed in complaintNamed in settlement
• ATHOL CORP.Named in complaintNamed in settlement
• ATLANTIC ENVELOPE COMPANYNamed in complaintNamed in settlement
• B.B. WALKER CO.Named in complaintNamed in settlement
• CELANESE PLASTICS & FIBER INDUSTRIESNamed in complaintNamed in settlement
• COLLINS & AIKMAN PRODUCT CONamed in complaintNamed in settlement
• CORNING GLASS WORKSNamed in complaint
• CORNING, INC.Named in complaintNamed in settlement
• EMPIRE ENDUSTRIES, INC.Named in complaintNamed in settlement
• ENGRAPH, INC.Named in complaintNamed in settlement
• GAF CORPORATIONNamed in complaintNamed in settlement
• GTE OPERATIONS SUPPORT INCORPORATEDNamed in complaintNamed in settlement
• HOECHST CELANESE CORP.Named in complaintNamed in settlement
• LANCE, INC.Named in complaintNamed in settlement
• LYON-SHAW, INC.Named in complaintNamed in settlement
• MOBIL OIL CORPORATIONNamed in complaintNamed in settlement
• …and 8 more

Facilities (1)

• HINSON CHEMICAL

  HIGHWAY 49, LAKE WYLIE, SC, 29710

  Registry ID: 110009345226

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• AAF MCQUAY,INC;AKZO NOBEL ET Aentered 1996-08-15

  Primary law: CERCLA

• AAF MCQUAY, INC; AKZO NOBEL COATINGS ET AL (HINSONentered 1997-10-02

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-01-01Enforcement Action Data Entered
• 1995-06-05Referred To Dept Of Justice
• 1995-06-30Complaint Filed With Court
• 1997-10-02Final Order Lodged
• 1997-10-02Final Order Entered
• 1997-10-02Concluded
• 1997-10-31Enforcement Action Closed