EPA v. U.S. STEEL AGRICHEM / OLD BLUE CHEMICAL

Case summary

THE U.S. STEEL AGRICHEM SUPERFUND SITE WAS A FORMER PESTICIDE BLENDING/FORMULATION FACILITY. THE SITE IS APPROX. 5 ACRES AND WAS CONTAMINATED WITH DDT, DDD, DDE, BHC, DIELDRIN, ENDRIN, ARSENIC AND ZIN. THE SITE WAS ALSO HEAVILY CONTAMINATED WITH TOXAPHENE. EPA PERFORMED A REMOVAL ACTION BEGINNING IN JUNE OF 1994. EPA DEMOBILIZED ON FEBRUARY 21, 1997. EPA HAS IDENTIFIED 9 DEFENDANTS; 6 OWNER/OPERATORS AND 3 GENERATORS. EPA SEEKS COST RECOVERY IN THE AMOUNT OF $1,320,094 INCURRED BY THE EPA IN RESPONDING TO THE RELEASE AND THREATENED RELEASE. ONE LIMITING FACTOR IS THAT DEFENDANTS ARE EXPECTED TO ARGUE THAT THE 5 PPM STANDARD SELECTED BY EPA WAS TOO STRINGENT. EPA'S POSITION IS FOR RESIDENTIAL PURPOSES. ANOTHER LIMITING FACTOR IS THAT ONE OF THE PRP'S WAS A GENERATOR OF PRODUCTS CONTAINING SEVIN, HOWEVER, NO TESTING FOR SEVIN WAS PERFORMED. THUS, THE PRP MAY ARGUE THAT EPA CANNOT SHOW CONTAMINATION BY PRODUCTION OF IT'S PRODUCTS. EPA'S POSITION IS THAT DISPOSAL IS INHERENT IN THE FORMULATION PROCESS. FINALLY, RECOVERY FROM SOME OF THE PRP'S MAY BE DIFFICULT. ONE PRP IS IN BANKRUPTCY (SOUTHERN SOYA) (SEE MATTER NUMBER 04-2000-0090). ANOTHER PRP IS A DISSOLVED CORP. BUT MAY HAVE INSURANCE MONEY (SOUTHEASTERN INSECTICIDE). FINALLY, ONE PRP HAS VERY LIMITED RESOURCES (RICHARD SCOTT JOHNSON).

Defendants (14)

• CSX TRANSPORTATIONNamed in settlement
• SOUTHERN SOYA CORP.
• U.S. STEEL
• UNION CARBIDE CORP.Named in settlement
• USX CORP.Named in settlement
• BOWERS, GROVER, JR.Named in settlement
• EXXON MOBILE OIL CORP.Named in settlement
• HARPER, STILESNamed in settlement
• HERCULES INC.Named in settlement
• JOHNSON, RICHARD SCOTTNamed in settlement
• NOR-AM CHEMICALNamed in settlement
• OLIN CORP.Named in settlement
• SCHWERMAN TRUCKING CO.Named in settlement
• SOUTHEASTERN INSECTICIDE CORP.Named in settlement

Facilities (1)

• US STEEL AGRICHEM/OLD BLUE CHEMICAL

  CORNER OF SUMTER & 17TH STREETS, FAIRFAX, SC, 29827

  Registry ID: 110009261921

Statutes cited

• CERCLA 107C3 — Treble Damages

Enforcement conclusions (1)

• U.S. STEEL AGRICHEM/OLD BLUE CHEMCIALentered 2001-09-11

  Primary law: CERCLA

Timeline (7 milestones)

• 2000-01-26Referred To Dept Of Justice
• 2000-03-07Enforcement Action Data Entered
• 2001-05-22Final Order Lodged
• 2001-05-22Complaint Filed With Court
• 2001-09-11Final Order Entered
• 2001-09-11Concluded
• 2002-05-12Enforcement Action Closed