EPA v. STAUFFER CHEMICAL - LEMOYNE PLANT

Case summary

DURING THE DESIGN PROCES FOR THE GROUNDWATER REMEDY CONTEMPLATED IN THE ROD FOR OU1, REGION 4 HAD PRELIMINARILY IDENTIFIED 14 AREAS OF SOIL CONTAMINATION THAT WERE POTENTIAL SOURCES OF GROUNDWATER CONTAMINATION. HOWEVER, DURING THE RI/FS PROCESS FOR OU2 AT THE LEMOYNE SITE THE REG ION CAME TO THE CONCLUSION THAT ONLY A SINGLE SOURCE, KNOWN AS THE HALBY AREA, MERITED REMEDIATION. THE REMEDY CONTAINE D IN THE ROD FOR OU2 FOR THE LEMOYNE SITE IS EXPECTED TO CONSIST OF IN-SITU FLUSHING OF THE CONTAMINANTS OF CONCERN (PRIMARILY THIOCYANATES) IN THE SUBSURFACE SOIL FOR CAPTURE AND TREATMENT BY A PORTION OF THE GROUNDWATER EXTRACTION SYSTEM CURRENTLY IN OPERATION AS OU #1. CURRENT OWNER/OPERATOR: AKZO NOBEL CHEMICALS, INC. OWNER/OPERATOR AT TIME OF DISPOSAL: WITCO CORP. EPA INTENDS OF ATTEMPT TO NEGOTIATE A CD WITH AKZO AND WITCO THAT WILL REQUIRE TEM TO PERFORM THE RD/RA FOR OU 2 AND TO PAY ALL PAST AND FUTURE RESPONSE COSTS FOR THE OU2 REMEDY AT THE SITE. IF UNSUCCESSFUL, EPA ANTICIPATES, EPA ANTICIPATES ISSUANCE OF A UAO AS OPPOSED TO USING FUND MONEY. NO SPECIAL CIRCUMSTANCES. 5/5/00 - REFERRAL SENT TO DOJ. THE SITE CONTAINS APPROX. 40,000 CY OF SUBSURFACE SOIL CONTAMINATED WITH THIOCYANATE AND CYANIDE. THE THREAT IS TO GROUNDWATER. DEFENDANTS WILL BUILD AND OPERATE AN IN-SITU SOIL FLUSHING SYSTEM AND ASSOCIATED PUMP AND TREAT SYSTEM. THIS WILL ALSO PAY PAST COSTS OF APPROX. 77,000 AND FUTURE OVERSIGHT COSTS.

Defendants (2)

• AKZO NOBEL CHEMICALS, INC.Named in complaintNamed in settlement
• CK WITCO CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• AKZO NOBEL FUNCTIONAL CHEMICALS LLC

  13440 HIGHWAY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL FUNCTIONAL CHEMICALS LLC

  13440 HIGHWAY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL FUNCTIONAL CHEMICALS LLC

  13440 HIGHWAY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL FUNCTIONAL CHEMICALS LLC

  13440 HIGHWAY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• STAUFFER CHEMICAL - LEMOYNE PLANT (AKZO NOBEL & CKentered 2001-03-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1998-10-20PRN Sent
• 1999-01-13Enforcement Action Data Entered
• 2000-05-05Referred To Dept Of Justice
• 2000-10-10Final Order Lodged
• 2000-10-10Complaint Filed With Court
• 2001-03-05Final Order Entered
• 2001-03-05Concluded