EPA v. AQUA-TECH ENVIRONMENTAL, INC. (PRN)

Case summary

THE AQUA-TECH ENVIRONMENTAL, INC. STIE IS LOCATED AT 340 ROBINSON ROAD, 5 MILES EAST OF GREER, SC. THE SITE OCCUPIES 61.56 ACRES. FROM 1960 TO 1974, THE CITY OF GREER OWNED A 36-ACRE PARCEL OF THE SITE FOR OPERATION OF A MUNICIPAL LANDFILL. IN 1974, THE SITE WAS SOLD TO GROCE LABORATORIES, INC. BEGINNING IN 1975, GROCE OPERATED A HAZARDOUS WASTE TREATMENT, STORAGE, & RECLAMATION FACILITY ON THE SITE. IN APRIL 1987, AQUA-TECH, INC., A WISCONSIN CORP, PURCHASED 100 PERCENT OF THE STOCK AND EQUITY OF GROCE, MAKING GROCE ITS WHOLLY-OWNED SUBSIDIARY. THE RESULTING COMPANY CONTINUED TO OPERATE AT THE SITE USING THE NAME GROCE LABORATORIES. ON AUGUST 13, 1990, GROCE LABORATORIES CHANGED ITS NAME TO AQUA-TECH ENVIRONMENTAL, INC. FROM 1982 THROUGH 1991, GROCE LABORATORIES AND ITS SUCCESSOR, AQUA-TECH ENVIRONMENTAL, INC., ENTERED INTO 5 CONSENT ORDERS WITH THE STATE OF SC, EACH OF WHICH ADDRESSED NUMEROUS ENVIRONMENTAL REGULATORY VIOLATIONS, INCLUDING THE UNPERMITTED RELEASE OF HAZARDOUS MATERIAL INTO THE ENVIRONMENT. IN SEPTEMBER 1991, AFTER SEVERAL COMPLAINTS, RECORDED VIOLATIONS OF HAZARDOUS WASTE MANAGEMENT REGULATIONS, AND ON-SITE ACCIDENTS, AQUA-TECH WAS ORDERED TO CEASE OPERATING BY THE SC DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (SCDHEC). ON OCTOBER 31, 1991, AQUA-TECH FILED FOR BANKRUPTCY UNDER CHAPTER 11. THE CASE WAS ULTIMATELY DISMISSED AS THERE WERE NO SIGNIFICANT ASSETS IN THE ESTATE. FROM SEPTEMBER 1991 THROUGH JANUARY 1992, SCDHEC CONDUCTED AN EMERGENCY REMOVAL ACTION AT THE SITE. IN JANUARY 1992, RESPONSIBILITY FOR THESE ACTIVITIES WAS ASSUMED BY EPA. SUBSEQUENTLY, ON APRIL 24, 1992, EPA ISSUED A UAO TO 100 PRPs FOR THE PURPOSE OF CONDUCTED THE REMOVAL ACTIVITIES. BEGINNING MAY 4, 1992, THE PRPs PROCEEDED TO REMOVE ALL SURFICIAL WASTE MATERIALS FROM THE SITE. LIMITED SOIL AND GROUNDWATER SAMPLING WAS ALSO CONDUCTED DURING THE REMOVAL ACTION. ON-SITE EMERGENCY REMOVAL ACTIVITIES WERE CONCLUDED ON NOVEMBER 9, 1993. ON DECEMBER 16, 1994, EPA PLACED THE SITE ON THE NPL. ON SEPTEMBER 26, 1995, EPA ENTERED INTO AN AOC WITH THE AQUA-TECH PRP GROUP FOR PERFORMANCE OF THE RI/FS. THE REMEDIAL INVESTIGATION REPORT WAS ULTIMATELY COMPLETED IN APRIL 2003, WITH THE APPROVAL OF THE FINAL ADDENDUM TO THE INITIAL REMEDIAL INVESTIGATION REPORT DATED DECEMBER 7, 2002. THE FEASIBILITY STUDY WAS APPROVED IN JULY 2003. A PROPOSED PLAN WAS OFFERED FOR PUBLIC REVIEW AND COMMENT ON JULY 27, 2003. EARLY IN THE RI/FS, FOUR OF FIVE PARCELS OF LAND, CONSTITUTING PORTIONS OF THE SITE, WERE PURCHASED BY INDIVIDUAL INVESTORS VIA TAX FORECLOSURE. THE REMAINING PARCEL CONTINUED TO BE OWNED BY AQUA-TECH. EACH OF THE INVESTORS GRANTED EPA ACCESS FOR THE PURPOSE OF CONDUCTING THE RI/FS. ONE OF THE FOUR PARCELS WAS RECENTLY SOLD TO RAINBOW LIVING TRUST. 9/23/05 - REFERRAL REQUESTS THAT DOJ FILE A COMPLAINT IN THE MATTER OF AQUA-TECH ENVIRONMENTAL, INC., TO BE RESOLVED BY A CD. THE CD HAS BEEN SIGNED BY 77 PRIVATE PRPs AND 61 FEDERAL PRPs. THE DECREE REQUIRES THE RESPONDENTS TO PAY A SETTLED AMOUNT OF PAST COSTS AND ALL FUTURE COSTS. ADDITIONALLY, THE PRPs WILL PERFORM THE RD/RA

Defendants (170)

• LUCASNamed in complaintNamed in settlement
• ROBERT BOSCH CORP.Named in complaintNamed in settlement
• R-MAX, INC.Named in complaintNamed in settlement
• QUAKER CHEMICAL CORP.Named in complaintNamed in settlement
• PROGRESS LIGHTINGNamed in complaintNamed in settlement
• HSL, INC.Named in complaintNamed in settlement
• PLATT-SACO-LOWELL (nka HSL, INC.)Named in complaintNamed in settlement
• PHILLIPS ELECTRONICSNamed in complaintNamed in settlement
• PHILLIPS COMPONENTS (BY PHILLIPS ELECTRONICS)Named in complaintNamed in settlement
• PSC CUSTOM, LPNamed in complaintNamed in settlement
• PENSKE TANK (BY PSC CUSTOM, LP)Named in complaintNamed in settlement
• YORK TAPE & LABEL, INC.Named in complaintNamed in settlement
• WATLOW MISSOURI, INC.Named in complaintNamed in settlement
• CARTEX CORP.Named in complaintNamed in settlement
• LIPE ROLLWAYNamed in complaintNamed in settlement
• LIPE CLUTCH PRODUCTSNamed in complaintNamed in settlement
• KOHLERNamed in complaintNamed in settlement
• NORPLEX (BY HONEYWELL INT'L)Named in complaintNamed in settlement
• NI INDUSTRIESNamed in complaintNamed in settlement
• NATIONAL TANK SERVICE OF WI, INC.Named in complaintNamed in settlement
• NASSAU METALSNamed in complaintNamed in settlement
• MILLIKENNamed in complaintNamed in settlement
• HONEYWELL INT'LNamed in complaintNamed in settlement
• MIDLAND ROSS (BY HONEYWELL INT'L)Named in complaintNamed in settlement
• METRO MACHINE CORP.Named in complaintNamed in settlement
• …and 145 more

Facilities (1)

• AQUA-TECH ENVIRONMENTAL INC (GROCE LABS)

  340 ROBINSON ROAD, GREER, SC, 29651

  Registry ID: 110000618779

Statutes cited

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

Enforcement conclusions (1)

• AQUA-TECH ENVIRONMENTAL, INC. (PRN)entered 2006-05-23

  Primary law: CERCLA

Timeline (7 milestones)

• 2003-10-16PRN Sent
• 2004-01-12Enforcement Action Data Entered
• 2005-09-23Referred To Dept Of Justice
• 2006-02-03Final Order Lodged
• 2006-02-03Complaint Filed With Court
• 2006-05-23Concluded
• 2006-05-23Final Order Entered