EPA v. ZELLWOOD GROUNDWATER CONTAMINATION -

Case summary

THE GROUNDWATER CONTAMINATION SITE IS A 57 ACRES SITE ROUGHTLY 15 MILES NORTHWEST OF ORLANDO, FL. FROM 1963 TO THE PRESENT, THE SITE HAS BEEN CONTAMINATED WITH ORGANIC COMPOUNDS, METALS, AND PESTICIDES BY THE OPERATION OF SEVERAL INDUSTRIAL AND AGRICULTURAL MANUFACTURING AND PROCESSING FACILITIES. THESE FACILITIES INCLUDE, BUT ARE NOT LIMITED TO THE DRUM SERVICE CO. OF FLORIDA (DSCF), SOUTHERN LIQUID FERTILIZER COMPANY, DOUGLASS FERTILIZER AND CHEMICAL COMPANY, NAPA PROPERTIES, AND ZELLWIN FARMS COMPANY, INC. THE DSCF PROPERTY CONTAINS AN ONGOING USING STEEL DRUM RECONDITIONING PLANT THAT COMMENCED OPERATION ROUGHLY 35 YEARS AGO. MILLIONS OF USED DRUMS CONTAINING VARIOUS AMOUNTS OF CERCLA HAZARDOUS SUBSTANCES HAVE BEEN PROCESSED AT THE DSCF FACILITY AND HAVE CONTRIBUTED TO THE SITE SOIL AND GROUNDWATER CONTAMINATION. DSCF'S DRUM RECONDITIONING PROCESS TREATED THE REMAINING RESIDUAL MATERIALS CONTAINED IN THE DRUMS THROUGH A CAUSTIC WASHING AND/OR INCINERATION PROCESS. BETWEEN THE EARLY 1970S AND THE EARLY 1980S, THE WASTE WATER FROM THIS PROCESS WAS SENT TO TWO UNLINED EVAPORATION AND PERCOLATION PONDS FOR TREATMENT OR DISPOSAL. ADDITIONAL SITE CONTAMINATION ORIGINATED FROM THE STORAGE AND DISPOSAL OF SEVERAL THOUSAND USED DRUMS IN THE ABANDONED DRUM AREA TO TEH NORTH OF TEH DSCF FACILITY ON PROPERTY OWNED BY NAPA, INC./NAPA PROPERTIES. ANOTHER SOURCE OF SITE CONTAMINATION WAS THE ON-SITE OPERATIONS CONDUCTED BY SOUTHERN FERTILIZER COMPANY AND DOUGLASS FERTILIZER COMPANY BETWEEN 1972 AND 1984. THESE COMPANIES OPERATED THREE UNLINED, INTERCONNECTED SURFACE IMPOUNDMENTS WHICH RECEIVED WASTE WATER GENERATED DURING FERTILIZER PRODUCTION AND BLENDING PROCESSES. ALL BUT ONE OF THESE PONDS WERE LATER DRAINED AND SEDIMENTS FROM THESE PONDS AND SEVERAL OTHER AREAS OF SITE CONTAMINATION WERE EXCAVATED AND PLACED IN A PERMANENT ON-SITE MONOLITH DURING RESPONSE ACTIONS CONDUCTED BY U.S. EPA IN THE EARLY 1980S. FOLLOWING THE DISCOVERY OF THE ABANDONED DRUM AREA IN DECEMBER 1982, THE AGENCY COMPLETED THE DEVELOPMENT OF A REMEDIAL ACTION MASTER PLAN AND WORK PLAN FOR THE RI/FS IN 1984, AND THE OU #1 RD/RA ACTIVITIES COMMENCED IN SEPTEMBER 1988, AND CONTINUED THROUGH AUGUST 1993. EPA ISSUED SEVERAL NOTICE LETTERS TO KNOWN OWNER/OPERATOR PRPS, BUT ALL OF THE PARTIES DECLINED TO FINANCE OR PERFORM ANY OF THE RI/FS AND RD/RA WORK FOR OU #1. THE RI/FS AND THE ROD FOR OU #2 WERE COMPLETED BY AUGUST 1995. ADDITIONAL SITE SAMPLING WORK RELATED TO OU #2 IS CURRENTLY ONGOING.

Defendants (30)

• W.R. GRACE & CO.-CONNNamed in complaintNamed in settlement
• ZELLWIN FARMS COMPANY, INC.Named in complaintNamed in settlement
• U.S. DEPARTMENT OF THE ARMYNamed in settlement
• U.S. DEPARTMENT OF THE NAVYNamed in settlement
• ALEXANDER, JULIA A.Named in complaintNamed in settlement
• ALEXANDER, PAUL L.Named in complaintNamed in settlement
• BROOKS, JOSEPH P.Named in complaintNamed in settlement
• CHEMICAL SYSTEMS OF FLORIDA, INC.Named in complaintNamed in settlement
• COATINGS APPLICATION & WATERPROOFING CO.Named in complaintNamed in settlement
• CSXTNamed in settlement
• DOUGLASS FERTILIZER & CHEMICAL, INC.Named in complaintNamed in settlement
• DOUGLASS, SPENCERNamed in complaintNamed in settlement
• DRUM SERVICE CO. OF FLORIDANamed in complaintNamed in settlement
• FEINBERG, IRVING (ESTATE OF)Named in complaintNamed in settlement
• KLEIN, BERNARD (ESTATE OF)Named in settlement
• KLEIN, IRVING (ESTATE OF)Named in settlement
• MALLORY CORPORATIONNamed in complaintNamed in settlement
• MOLINERI, JERRY (ESTATE OF)Named in settlement
• MURPHY, JOHN MICHAELNamed in settlement
• NAPA PROPERTIESNamed in complaintNamed in settlement
• NATIONAL AERONAUTICS & SPACE ADMINISTRATNamed in settlement
• PORT DRUM COMPANYNamed in settlement
• SMITH, BERNARD (ESTATE OF)Named in settlement
• TUREEN, BETTY JANENamed in settlement
• TUREEN, BORIS (ESTATE OF)Named in settlement
• …and 5 more

Facilities (1)

• ZELLWOOD GROUNDWATER CONTAMINATION SITE

  3150 JONES AVE, ZELLWOOD, FL, 32798

  Registry ID: 110072195841

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (7)

• ZELLWOOD GROUNDWATERentered 2001-09-17

  Primary law: CERCLA

• ZELLWOOD GROUNDWATER (DRUM SERVICE CO. OF FLORIDA)entered 2001-09-17

  Primary law: CERCLA

• ZELLWOOD GROUNDWATER CONTAMINATIONentered 1999-12-02

  Primary law: CERCLA

• ZELLWOOD GROUNDWATER (04-2001-C018) (JOHN MICHAEL MURPHY)entered 2001-09-17

  Primary law: CERCLA

• ZELLWOOD GROUNDWATER CONTAMINATIONentered 1999-12-02

  Primary law: CERCLA

• ZELLWOOD GROUNDWATERentered 2001-09-17

  Primary law: CERCLA

• ZELLWOOD GROUNDWATER CONTAMINATION (US V. DRUM SERentered 1999-12-02

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-05-06Referred To Dept Of Justice
• 1998-06-12Complaint Filed With Court
• 1998-07-08Enforcement Action Data Entered
• 2001-06-28Final Order Lodged
• 2001-09-17Final Order Entered
• 2001-09-17Concluded