EPA v. LEONARD CHEMICAL SUPERFUND SITE

Case summary

PRN SUMMARY: THE LEONARD CHEMICAL SITE CONSISTS OF APPROX. 6.5 ACRES OF LAND IN AN INDUSTRIAL AREA LOCATED ABOUT A HALF MILE EAST OF CATAWBA, SC, AND 9 MILES SOUTHEAST OF ROCK HILL, SC. THE COMPANY WAS FORMED ON JANUARY 13, 1966, BY MR. LAWRENCE K. LEONARD AND MRS. TEIBELLE W. LEONARD. THE LEONARDS CONVEYED THE SITE PROPERTY TO LCC IN MAY 1966. LCC BEGAN OPERATIONS SHORTLY THEREAFTER AND CONTINUED THROUGH THE EARLY 1980'S WHEN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ORDERED THE COMPANY TO STOP ACCEPTING AND PROCESSING WASTE MATERIALS. LCC PROVIDED WASTE SOLVENT TREATMENT, STORAGE, AND DISPOSAL SERVICES TO ITS CUSTOMERS. LCC EMPLOYED CLEANING PROCESSESS THAT GENERATED WASTE SOLVENTS CONTAINING ALCOHOLS, KETONES, AND CHLORINATED HYDROCARBONS. THE GENERATORS OF THE WASTES WERE NC AND SC MANUFACTURERS OF PAINT AND INK, USERS OF THESE MATERIALS AND PRINTERS. SEVERAL OF THE GENERATOR COMPANIES FOR A GENERATOR GROUPAND SIGNED AN AOC UNDER WHICH THEY AGREED TO DO A RI/FS OF THE SITE. THE RI/FS RESULTS REVEALED PRESENCE OF VOC'S IN THE SURFACE AND SUBSURFACE SOILS, AND IN THE GROUNDWATER. THE RI/FS WAS COMPLETED IN 12/00, WHICH CONFIRMED CONTAMINATION BOTH ONSITE SOILS AND GROUNDWATER. ON AUGUST 20, 2001, A ROD WAS ISSUED. THE SELECTED REMEDY INCLUDES EXCAVATION AND OFF-SITE DISPOSAL OF SOILS, IN-SITU SPARGING FOR THE SHALLOW AQUIFER, AND INSTALLATION OF A TREATMENT BARRIER FOR THE DEEP AQUIFER. THERE ARE 18 PRP'S ASSOCIATED WITH THE SITE TO WHOM SPECIAL NOTICE LETTERS WILL BE SENT. REFERRAL CASE SUMMARY: EPA AND THE PRPs REACHED AN AGREEMENT THAT IS MEMORALIZED IN A CONSENT DECREE FOR RD/RA FOR THE SITE. THE PROPOSED CD UNDER SECTION 107/106 OF CERCLA PROVIDES FOR (1) THE PAYMENT OF $214,617.00 IN PAST RESPONSE COSTS INCURRED BY EPA; (2) THE IMPLEMENTATION OF THE REMEDY AS DELINEATED IN THE RECORD OF DECISION; (3) THE PAYMENT OF 100 PERCENT OF ALL FUTURE RESPONSE COSTS TO BE INCURRED BY EPA, SUBJECT TO A SITE ORPHAN SHARE OF $345,796.45 OR 5.3 PERCENT; (4) THE PAYMENT OF 100 PERCENT OF OPERATION AND MANAGEMENT COSTS. THE TOTAL SETTLEMENT VALUE IS $7,497,360.85, WHICH INCLUDES A PRESENT VALUE OF $6,257,743.00 FOR THE ESTIMATED REMEDY COSTS AT THE SITE, $1,025,000.00 FOR THE ESTIMATED COSTS OF EPA FUTURE OVERSIGHT COSTS; AND $214,617.00 FOR PAST RESPONSE COSTS INCURRED BY EPA. THE SETTLEMENT IS DISCUSSED IN MORE DETAIL IN THE ENCLOSED 10 POINT SETTLEMENT ANALYSIS.

Defendants (30)

• LAMBDA, INC.
• LEONARD CHEMICAL CO.Named in complaintNamed in settlement
• LEONARD, LAWRENCE K.Named in complaintNamed in settlement
• PLASTIC LAMINATED SYSTEMS
• REXHAM CORP.Named in settlement
• RIBLET PRODUCTS CO.
• SHAKEPEARE CO.Named in complaintNamed in settlement
• SPRINGS INDUSTRIES, INC.Named in complaintNamed in settlement
• STANLEY WORKS, INC.Named in complaintNamed in settlement
• STATE PRINTING CO., INC.Named in complaintNamed in settlement
• TARTAN MARINE COMPANY
• TEXTRON, INC.Named in complaintNamed in settlement
• TRANSFER FASHION PRINT DIVISION
• UNION CARBIDE CORP.
• INMONT CORPORATIONNamed in complaintNamed in settlement
• COLEMAN CABLE, INC.Named in complaintNamed in settlement
• DMC, INC.Named in complaintNamed in settlement
• TRANSFER FASHION PRINT, INC.Named in complaintNamed in settlement
• K2, INC.Named in complaintNamed in settlement
• TORRINGTON COMPANYNamed in complaint
• INGERSOLL-RAND COMPANYNamed in complaintNamed in settlement
• ANTHONY INDUSTRIES, INC.Named in complaintNamed in settlement
• AQUACOVE INDUSTRIES
• BASF CORP.Named in complaintNamed in settlement
• BREMEN GLASS
• …and 5 more

Facilities (1)

• LEONARD CHEMICAL COMPANY INC

  COURETON FERRY RD, CATAWBA, SC, 29704

  Registry ID: 110001224773

Statutes cited

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

Enforcement conclusions (1)

• LEONARD CHEMICAL SUPERFUND SITEentered 2004-11-08

  Primary law: CERCLA

Timeline (7 milestones)

• 2001-11-29PRN Sent
• 2002-03-11Enforcement Action Data Entered
• 2003-04-03Referred To Dept Of Justice
• 2004-07-26Complaint Filed With Court
• 2004-07-26Final Order Lodged
• 2004-11-08Concluded
• 2004-11-08Final Order Entered