EPA v. T.H. AGRICULTURE - OU 2

Case summary

THE T.H. AGRICULTURE & NUTRITION SITE IS LOCATED ON THE WEST SIDE OF THE CITY OF MONTGOMERY, AL. T.H. AGRICULTURE & NUTRITION COMPANY, INC. (THAN) FORMERLY OWNED AND OPERATED A STORAGE ND DISTRIBUTION FACILITY FOR INDUSTRIAL AND AGRICULTURAL CHEMICALS ON A PORTION OF THE SITE. ELF ATOCHEM NORTH AMERICA, INC. (F/K/A PENNWALT CORPORATOIN (ELF), OWNED ANDOPERATED A CHEMICAL FORMULATION AND DISTRIBUTION FACILITY ON A PORTION OF THE SITE ADJACENT TO AND UP GRADIENT FROM THE THAN PROPERTY, HANDLING SUBSTANCES SIMILAR TO THOSE HANDLED BY THAN. IN APRIL1995, THE REGION ISSUED A ROD FOR AN INTERIM REMEDIAL ACTION FOR GROUNDWATER CLEANUP AND ENTERED INTO A CONSENT DECREE WITH TWO OF THE FIVE PRPS FOR THE SITE. EPA ANTICIPATES ISSUING THE FINAL ROD IN SEPTEMBER 1998. 1/4/00 - ON 1/4/00 EPA R4 APPROVED A 10-POINT SETTLEMENT ANALYSIS DOCUMENT AND CD FOR THE T.H. AGRICULTURE & NUTRITION SITE, OU2 AND HAS FORWARDED IT TO THE U.S. DOJ FOR SIGNING AND LODGING IN THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA. UNDER THE TERMS OF THIS CD THE SETTLING DEFENDANTS WILL IMPLEMENT THE SELECTED REMEDY FOR THE SITE. SPECIFICALLY, THE SETTLING DEFENDANTS WILL: TREAT SITE CONTAMINATED SOILS THROUGH EXCAVATION, BIOLOGICAL TREATMENT AND REPLACEMENT; IMPLEMENT INSTITUTIONA L SITE CONTROLS WHICH WILL INCLUDE FENCING AND DEED RESTRICTIONS LIMITING SITE USE FOR INDUSTRIAL PURPOSES ONLY; CONTINUE THE INTERIM REMEDIAL ACTION GROUNDWATER REMEDY UNTIL THE GROUNDWATER PERFORMANCE STANDARDS ARE MET; AND PAY EPA'S FUTURE SITE COSTS. THE ESTIMATED COSTS TO THE SETTLING DEFENDANTS TO PERFORM THE SELECTED REMEDY IS $7,482,000. THE SETTLING DEFENDANTS ARE: T.H. AGRICULTURE & NUTRITION, INC.(THAN); ELF ATOCHEM OF NORTH AMERICA, INC. (ELF), INDUSTRIAL CHEMICALS, INC. (IC); AND ASTRO PACKAGING, INC.(AP). THE SITE IS LOCATED ON THE WEST SIDE OF MONTGOMERY, AL, ABOUT TWO MILES SOUTH OF THE ALABAMA RIVER AND 1,600 FEET WEST OF MAXWELL AFB. ACCESS TO THE SITE IS FROM US HWY 31-82. THE SITE IS BASICALLY FLAT AND INCLUDES TWO PROPERTIES: THE THAN PROPERTY AND THE ELF ATOCHEM PROPERTY. THE SITE COVERS 16.4 ACRES, WITH THE THAN PROPERTY COVERING ABOUT 11.6 ACRES AND THE ELF ATOCHEM PROPERTY COVERING 4.8 ACRES. THE SETTLING DEFENDANTS HANDLED PESTICIDES AT THE SITE WHICH LED TO RELEASES OF PESTICIDES INTO THE ENVIRONMENT. THE SURFICIAL AQUIFER BENEATH THE SITE IS CONTAMINATED WITH PESTICIDES, INCLUDING DELTA-BHC, LINDANE, DDT, AND CHLORDANE, HERBICIDES; VOLATILE ORGANIC COMPOUNDS, INCLUDING TRICHLOROETHENE AND TETRACHLORETHENE; AND SEMIVOLATILE COMPOUNDS. SITE REMEDIATION IS OCCURING UNDER TWO OPERABLE UNITS. THE FIRST OU WAS BASED ON AN INTERIM ACTION ROD WHICH RECOMMENDED A REMEDY OF A GROUNDWATER PUMP AND TREATMENT SYSTEM WITH DISCHARGE TO THE LOCAL WWTP. THE REMEDIAL ACTION/REMEDIAL DESIGN FOR THE FIRST OU IS BEING CARRIED OUT UNDER A PREVIOUS CD. THE PRESENT CD WILL IMPLEMENT THE FINAL ACTION ROD FOR THIS SITE.

Defendants (4)

• ASTRO PACKAGING, INC.Named in complaintNamed in settlement
• ELF ATOCHEM NORTH AMERICANamed in complaintNamed in settlement
• INDUSTRIAL CHEMICALS, INC.Named in complaintNamed in settlement
• T.H. AGRICULTURE AND NUTRITIONNamed in complaintNamed in settlement

Facilities (1)

• T.H. AGRICULTURE & NUTRITION CO. (MONTGOMERY PLANT)

  3017 BIRMINGHAM HWY, MONTGOMERY, AL, 36108

  Registry ID: 110003032030

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• T.H. AGRICULTURE (AL) - OU 2entered 2000-07-10

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-08-27PRN Sent
• 1998-10-05Enforcement Action Data Entered
• 2000-01-04Referred To Dept Of Justice
• 2000-03-24Complaint Filed With Court
• 2000-07-10Final Order Entered
• 2000-07-10Concluded
• 2000-07-10Final Order Lodged