EPA v. WOODBURY CHEMICAL COMPANY

Case summary

WOODBURY CHEMICAL COMPANY ( WCC ) WAS FORMERLY ENGAGED IN FORMULATING CHEMICALS TO PRODUCE PESTICIDES AND FERTILIZERS AT THE SITE, LOCATED IN AN AGRICULTURAL AREA OF DADE COUNTY, FLORIDA. AFTER SAMPLING IN THE MID-1980'S BY AN EPA CONTRACTOR CONFIRMED THE PRESENCE IN SITE SOILS OF TOZAPHENE AND OTHER CONTAMINATNTS, WCC ACKNOWLEDGED THAT A SPILL HAD OCCURRED IN THE LATE 1970'S FROM ITS TOXAPHENE TANK, BUT DENIED ANY OTHER RELEASES OTHER THAN THOSE RESULTING FROM HISTORICAL APPLICATION OF PESTICIDES AND FERTILIZERS FOR AGRICULTURAL PURPOSES. IN 1990, WCC CONDUCTED A REMOVAL OF TOXAPHENE-CONTAMINATED SOILS UNDER AN EPA AOC, AND ACHIEVED ALL CLEAN-UP LEVELS REQUIRED IN THAT ORDER. HOWEVER, LATE IN 1990, THE SITE WENT FINAL ON THE NPL, IN PART BECAUSE, PURSUANT TO EPA POLICY AT THAT TIME, THE TOXAPHENE REMOVAL WAS NOT CONSIDERED IN HRS SCORING FOR THE LISTING BECAUSE IT OCCURRED AFTER THE SITE INVESTIGATION. WHEN WCC, WHICH HAD STRENUOUSLY OBJECTED TO THE LISTING, REFUSED TO CONDUCT THE RI, EPA DID THE RI IN-HOUSE. IN JUNE 1992, A NO-ACTION ROD WAS SIGNED, REQUIRING ONE YEAR'S GROUNDWATER MONITORING. EPA PUBLISHED NOTICE OF INTENT TO DELETE THE SITE FROM THE NPL ON AUGUST 21, 1995. NO COMMENTS HAVE BEEN RECEIVED FROM THAT NOTICE, AND PUBLICATION OF A NOTICE OF DELETION IS EXPECTED. EPA RESPONSE COSTS RELATED TO THE SITE HAVE BEEN CALCULATED AT $725,985 THROUGH AUGUST 1, 1995.

Defendants (5)

• LEE, LLOYD JACKSONNamed in complaintNamed in settlement
• S&M FARM SUPPLY, INC.Named in complaintNamed in settlement
• SMITH, THOMAS JLEE, JR.Named in complaintNamed in settlement
• SMITH, THOMAS JLEE, SR.Named in complaintNamed in settlement
• WOODBURY CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• WOODBURY CHEMICAL CO. (PRINCETON PLANT)

  13920 SW 248TH ST, PRINCETON, FL, 33032

  Registry ID: 110009274757

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WOODBURY CHEMICAL COMPANYentered 1996-05-25

  Primary law: CERCLA

Timeline (7 milestones)

• 1995-10-18Enforcement Action Data Entered
• 1995-10-18Referred To Dept Of Justice
• 1996-04-02Complaint Filed With Court
• 1996-05-25Final Order Lodged
• 1996-05-25Final Order Entered
• 1996-05-25Concluded
• 1996-06-21Enforcement Action Closed