EPA v. FRED RAMSEY TANK SITE

Case summary

THIS IS A COST RECOVERY CASE UNDER SECTION 107 OF CERCLA AGAINST THE FORMER OWNER/OPERATOR OF THE SITE AND THE PERSON WHO ARRANGED TO DISPOSE OF TANKS CONTAINING TANK BOTTOMS FROM SOLVENT RECYCLING OPERATIONS. FRED RAMSEY OWNED RAMSEY CHEMICAL COMPANY AND WHEN HE SOLD THE FORM RAMSEY CHEMICAL PLANT HE WAS FORCED TO REMOVE CERTAIN OUT-OF-SERVICE TANKS THAT CONTAINED TANK BOTTOMS. HE BOUGHT THE SITE PROPERTY, NEAR HIS FORMER FACILITY, FOR THE PURPOSE OF HAVING A PLACE TO DISPOSE OF THE TANKS. EPA DISCOVERED THE TANKS, AND AFTER MR. RAMSEY FAILED TO COMPLY WITH A UAO, CONDUCTED A FUND-LEAD REMOVAL. THE REFERRAL SEEKS EPA'S COSTS OF APPROXIMATELY $250,000, PLUS TREBLE DAMAGES FOR RAMSEY'S NON-COMPLIANCE WITH THE UAO. RAMSEY CLAIMED INABILITY TO PAY BUT EPA DETERMINED THAT HE OWNES WITH HIS WIFE APPROXIMATELY $900,000 WORTH OF REAL ESTATE IN BLAIRSVILLE, GA. HE REFUSED TO ANSWER 104(E) INFO REQUESTS SEEKING FINANCIAL INFO SO THE REFERRAL ALSO SEEKS PENALTIES FOR HIS NON-COMPLIANCE WITH 104(E) INFO REQUESTS. ADDITIONAL DEFENDANTS ARE GENERATORS WHO SENT WASTES TO RAMSEY CHEMICAL AND THUS CONTRIBUTED TO THE BUILDUP OF TANK BOTTOMS WHEN THEIR WASTES WERE STORED IN THE TANKS THAT WERE DISPOSED OF AT THE SITE. THE GENERATOR DEFENDANTS ARE GENERAL MOTORS; 3M CORPORATION; DEVOE PAINTS; LOBECO PRODUCTS, INC.; RJR TOBACCO CO.; ITT AUTOMOTIVE; KALAMA CHEMICAL; GUARDSMEN PRODUCTS, INC.; REXHAM CORP.; AND BASF, INC.

Defendants (16)

• BASF CORPORATIONNamed in complaintNamed in settlement
• KALAMA CHEMICAL, INC.Named in complaintNamed in settlement
• LOBECO PRODUCTS, INC.Named in complaintNamed in settlement
• MILLER BREWING COMPANYNamed in complaintNamed in settlement
• MINNESOTA MINING & MANUFACTURING CO, INCNamed in complaintNamed in settlement
• R.J. REYNOLDS TOBACCO CO.Named in complaintNamed in settlement
• RAMSEY, FREDNamed in complaintNamed in settlement
• REXHAM CORPORATIONNamed in complaintNamed in settlement
• 3M CORPORATIONNamed in complaintNamed in settlement
• ALPHA CORPORATION OF TENNESSEENamed in complaintNamed in settlement
• DESOTO, INC.Named in complaintNamed in settlement
• DEVOE RAYNOLDSNamed in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• GROW GROUP, INC.Named in complaintNamed in settlement
• GUARDSMEN PRODUCTS, INC.Named in complaintNamed in settlement
• ITT AUTOMOTIVE, INC.Named in complaintNamed in settlement

Facilities (1)

• RAMSEY FRED TANK SITE

  S MADISON HWY 31 & S MADISON, VALDOSTA, GA, 31601

  Registry ID: 110010581913

Statutes cited

• CERCLA 104E2 — Information and/or Access
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• FRED RAMSEY, GENERAL MOTORS CORP, MINNESOTA MININGentered 1997-07-07

  Primary law: CERCLA

• FRED RAMSEYentered 1997-07-07

  Primary law: CERCLA

  Federal penalty: $213,000

Timeline (7 milestones)

• 1991-11-15Enforcement Action Data Entered
• 1995-12-21Referred To Dept Of Justice
• 1996-02-16Complaint Filed With Court
• 1997-07-07Concluded
• 1997-07-07Final Order Lodged
• 1997-07-07Final Order Entered
• 1998-07-28Enforcement Action Closed