EPA v. CHEM-SPRAY, INC.

Case summary

ON 11/18/97, REGION 4 APPROVED A CERCLA, SECTION 107(A) COST RECOVERY REFERRAL FOR THE CHEMSPRAY, INC., SITE, PAHOKEE, FL. THE REFERRAL WAS SENT TO DOJ REQEUSTING THAT DOJ INITIATE CIVIL ACTION TO RECOVER APPROX. $865,583.24 IN COSTS INCURRED BY REGION IV IN THE REMOVAL ACTION AT THE SITE. THE REFERRAL REQUESTS THAT DOJ FILE CIVIL ACTION AGAINST THE FORMER SITE OWNERS: MR. JOHN C. HATTON; OPERATORS/GENERATORS: CHEMSPRAY, INC., MR. JUAN MONTALVO, HERCULES, INC., AND NOR-AM CHEMICAL COMPANY; AND PRESENT SITE OWNERS: MR. DAVID E. HILL AND MRS. ANNIE P. HILL; FOR RECOVERY OF SITE REMOVAL ACTION COSTS. FROM 1965 UNTIL 1983, CHEMSPRAY, INC OPERATED A PESTICIDES BUSINESS ON SITE. CHEMSPRAY MIXED, BLENDED, STORED AND DISTRIBUTED PESTICIDES FROM THE SITE. IN 1983, CHEMSPRAY CEASED OPERATION IN PAHOKEE, FL, AND MOVED TO ANOTHER LOCATION. INVESTIGATION OF THE SITE BY THE FLORIDA DEPT. OF ENVIRONMENTAL REGULATION IN 1982 NOTED POSSIBLE SPILLS AND LEAKS OF HAZARDOUS MATERIALS ONTO THE GROUND THAT COULD RESULT IN THE CONTAMINATION OF GROUNDWATER, SURFACE WATER AND AIR. REGION 4 INVESTIGATIONS AND STUDIES BEGINNING IN 1985, FOUND THE PRESENCE OF HAZARDOUS SUBSTANCES IN THE SOIL, SUBSTANCES WHICH WERE CONSISTENT WITH A PESTICIDE OPERATION. SOIL CONTAMINANTS FOUND ON SITE WERE: ENDRIN, ALDRIN, DIELDRIN, TOXAPHENE, ATRAZINE, PARATHION, DDT, DDD, AND 2,4,5-T. HERCULES INC AND NOR-AM CHEMICAL CO., WERE THE OWNERS OF A TOXAPHENE TANK ON SITE FROM WHICH CHEMSPRAY SOLD TOXAPHENE ON A CONSIGNMENT BASIS. THERE ARE STATEMENTS THAT TOXAPHENE SPILLS OCCURRED DURING THE LOADING OF HTE TOXAPHENE TANK. REGION 4 DETERMINED THAT THE SITE POSED AN IMMINENT AND SUBSTANTIAL THREAT TO HUMAN HEALTH AND THE ENVIRONMENT AND ON JUNE 8, 1987, APPROVED AN ACTION MEMORANDUM FOR A REMOVAL ACTION AT THE SITE. REGION 4 DEMOBILIZED FROM THE SITE ON 12/9/94. REGION INCURRED APPROXIMATELY $865,583.24 IN SITE REMOVAL COSTS.

Defendants (11)

• BOOTS COMPANY (USA), INC.Named in complaintNamed in settlement
• CHEM-SPRAY, INC.Named in complaintNamed in settlement
• GLADES FORMULATING CORPORATIONNamed in complaintNamed in settlement
• HATTON, JOHN C.Named in complaintNamed in settlement
• HERCULES INCORPORATEDNamed in complaintNamed in settlement
• HILL, ANNIE P.Named in complaintNamed in settlement
• HILL, DAVID E.Named in complaintNamed in settlement
• KNOLL PHARMACEUTICALSNamed in complaintNamed in settlement
• MONTALVO, JUAN F.Named in complaintNamed in settlement
• NOR-AM CHEMICAL COMPANYNamed in complaintNamed in settlement
• SCHWERMAN TRUCKING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CHEMSPRAY INC

  1550 E 7TH ST, PAHOKEE, FL, 33476

  Registry ID: 110009274864

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• CHEMSPRAY, INC.entered 2000-04-27

  Primary law: CERCLA

• CHEMSPRAY, INC.entered 2000-04-27

  Primary law: CERCLA

Timeline (7 milestones)

• 1997-11-18Referred To Dept Of Justice
• 1997-11-20Enforcement Action Data Entered
• 1997-12-08Complaint Filed With Court
• 2000-04-27Final Order Lodged
• 2000-04-27Final Order Entered
• 2000-04-27Concluded
• 2000-06-06Enforcement Action Closed