EPA v. STOLLER CHEMICAL/PELHAM PHOSPHATE

Case summary

BRIEF SUMMARY: STOLLER CHEMICAL CO./PELHAM PHOSPHATE WORKS SUPERFUND SITE, IN PELHAM, MITCHELL COUNTY, GA, WAS A FERTILIZER MANUFACTURING FACILITY. IT OPERATED FROM 1910 UNTIL IT WAS ABANDONED IN 1992. THE SITE WAS THE SUBJECT OF A FUND-LEAD REMOVAL ACTION FROM JULY OF 1992 THROUGH NOVEMBER OF 1998. THE PRIMARY SOURCES OF CONTAMINATION WERE ACID AND LEAD. THE ACID DROVE THE LEAD BOTH LATERALLY AND VERTICALLY ACROSS THE SITE, SO THE SOIL HAD TO BE EXCAVATED AND ALL SURFACE WATER TREATED FOR ACIDITY. NATURE AND NUMBER OF DEFENDANTS: THE PRP'S ARE ALL LIABLE FOR ARRANGING FOR DISPOSAL OF A HAZARDOUS WASTE (CERCLA 107(A)(3)); THERE ARE 3 GROUPS; THE ACID GROUP, THE SLAG GROUP, AND THE DUST GROUP, FOR A TOTAL OF 26 PRP'S. THE ACID GROUP IS LIABLE FOR SELLING SPENT SURFURIC ACID TO THE SITE, THE SLAG GROUP SOLD SLAG, AND THE DUST GROUP SENT EMISSION CONTROL DUST, OR RCRA WASTE CODE KO-61 TO THE SITE. THE LEAD FROM THE SLAG AND DUST, AND THE ACID WERE MAJOR CONTRIBUTORS TO THE CONTAMINATION AT THE SITE. RELIEF REQUESTED: THIS IS A COST RECOVERY REFERRAL PURSUANT TO CERCLA 107, WHICH ALSO INCLUDES THE POSSIBLITY OF FUTURE WORK TO BE PERFORMED AT THE SITE PURSUANT TO CERCLA SECTION 106. SPECIAL FACTS OR CIRCUMSTANCES: IMPORTANT ISSUES INCLUDE: ORPHAN SHARE OF FULL 25 PERCENT BEING RECOMMENDED FOR SETTLEMENT NEGOTIATIONS BECAUSE THE OWNERS/OPERATORS OF THE SITE ARE DEFUNCT. ALSO, THE PRP'S THAT SOLD MATERIAL SUCH AS SULFURIC ACID HAVE A USEFUL PRODUCT DEFENSE, THAT IS A STRONG ARGUMENT AGAINST LIABILITY. AN IN DEPTH SURVEY OF THE CASE LAW ON THIS TOPIC REVEALED THAT EPA HAS A STRONG CASE FOR ARRANGING FOR DISPOSAL WITH THESE PRP'S, BUT THEY ALSO HAVE A GOOD USEFUL PRODUCT DEFENSE ARGUMENT.

Defendants (36)

• GERDAU AMERISTEELNamed in complaintNamed in settlement
• WINN-DIXIE STORESNamed in complaintNamed in settlement
• AGRI-BUSINESS SUPPLY
• AMERICAN CYANAMIDNamed in complaintNamed in settlement
• ATLANTIC STEEL
• BLACKMAN UHLER CHEMICAL CORPNamed in complaintNamed in settlement
• CLARIANT CORP.Named in complaintNamed in settlement
• COLGATE-PALMOLIVE CO.Named in complaintNamed in settlement
• CYTEC INDUSTRIES
• DIAL CORPORATIONNamed in complaintNamed in settlement
• GEORGETOWN STEEL CO.
• HARCROS CHEMICALS
• INTERTRADE HOLDINGS COMPANYNamed in complaintNamed in settlement
• KOCH SULFUR PRODUCTS COMPANYNamed in complaintNamed in settlement
• LUCENT TECHNOLOGIESNamed in complaintNamed in settlement
• MICHIGAN STANDARD ALLOYS
• MID CONTINENT COMMODITY EXCHANGENamed in complaintNamed in settlement
• MSA INDUSTRIAL CORP.
• NUCOR CORP.
• NUCOR-TAMATO STEEL
• OLIN CORPORATIONNamed in complaintNamed in settlement
• OVS CHEMICAL SOLUTIONS
• PAGA CHEMICAL
• PB&S CHEMICALNamed in complaint
• ROANOKE ELECTRIC STEEL COMPANY
• …and 11 more

Facilities (1)

• STOLLER CHEMICAL/PELHAM PHOSPHATE CO INC

  106 MITCHELL ST NW, PELHAM, GA, 31779

  Registry ID: 110013718584

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (11)

• STOLLER CHEMICAL/PELHAM PHOSPHATE (INTERTRADE HOLDINGS, INC.)(04-2005-C011)entered 2005-04-08

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (GERDAU AMERISTEEL) (04-2007-C011)entered 2007-05-08

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (MID-CONTINENT COMMODITY EXCHANGE) (04-2006-C015)entered 2006-08-07

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (COLGATE-PALMOLIVE CO.) (04-2007-C006)entered 2007-03-22

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (DIAL CORP) (04-2005-C009)entered 2005-04-08

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (BLACKMAN UHLER; CLARIANT; SOUTHWIRE)(04-2005-C012)entered 2005-04-08

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (OLIN CORPORATION) (04-2006-C016)entered 2006-08-07

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (LUCENT TECHNOLOGIES) (04-2005-C017)entered 2005-06-08

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (KOCH SULFUR PRODUCTS) (04-2005-C018)entered 2005-06-08

  Primary law: CERCLA

• STOLLER CHEMICAL/PELHAM PHOSPHATE (AMERICAN CYANAMID) (04-2005-C010)entered 2005-04-08

  Primary law: CERCLA

Timeline (5 milestones)

• 2001-09-27Referred To Dept Of Justice
• 2001-09-28Enforcement Action Data Entered
• 2003-06-02Complaint Filed With Court
• 2006-09-01Final Order Lodged
• 2007-05-08Final Order Entered