EPA v. LANDIA CHEMICAL COMPANY SITE

Case summary

THIS IS A RD/RA CONSENT DECREE (CD) FOR THE LANDIA CHEMICAL CO. SITE. THE SITE IS LOCATED IN LAKELAND, POLK COUNTY, FL. FROM 1940 UNTIL 1987, PESTICIDES AND INSECTICIDES WERE MANUFACTURED, BLENDED, AND STORED ON THE SITE. THE SITE IS LOSTED ON THE NPL. THE SITE CONSISTS OF THE LANDIA PROPERTY AND THE FLORIDA FAVORITE FERTILIZER (FFF) PROPERTY. VARIOUS COMPANIES HAVE OWNED AND OPERATED AT THE SITE. ON THE LANDIA PROPERTY, PESTICIDES AND INSECTICIDES WERE MANUFACTURED, BLENDED, AND STORED. DURING THE 1960'S AND 1970'S SULFUR WAS DIRECTLY STOCKPILED ON TEH GROUND ON THE FFF PROPERTY BY THE OWNER/OPERATOR OF THE LANDIA PROPERTY. THE LANDIA PROPERTY IS CURRENTLY OWNED BY THE LANDIA CHEMICAL COMPANY, INC. THE FFF PROPERTY IS CURRENTLY OWNED BY SYLVITE TERMINAL & DISTRIBUTION, LLC. THE CD RESOLVES EPA'S CLAIMS UNDER CERCLA AND BINDS THE SETTLING DEFENDANTS TO PERFORM THE REMEDY SELECTED IN ROD, I.E., A FINAL ACTION FOR SOILS AND AN INTERIM ACTION TO TREAT GROUNDWATER. THE REMEDY IS ESTIMATED TO COST $8,500,000. THE SETTLING DEFENDANTS HAVE AGREED TO PAY TO EPA ALL FUTURE RESPONSE COSTS, EXCLUDING THE FIRST $796,454.46 OF FUTURE OVERSIGHT COSTS, WHICH REPRESENTS THE REMAINDER OF THE ORPHAN SHARE COMPROMISE. AN ORPHAN SHARE IN THE AMOUNT OF $1 MILLION (CONSISTING OF PAST COSTS OF $203,545.54 AND FUTURE OVERSIGHT COSTS) WAS OFFERED TO AND ACCEPTED BY THE SETTLING DEFENDANTS.

Defendants (7)

• LANDIA CHEMICAL COMPANY, INC. (SB)Named in complaintNamed in settlement
• MITCHELL, BILLYNamed in complaintNamed in settlement
• BASF SPARKS LLCNamed in complaintNamed in settlement
• SYLVITE TERMINAL & DISTRIBUTION, LLCNamed in complaintNamed in settlement
• AGRICO CHEMICAL COMPANYNamed in complaintNamed in settlement
• PCS JOINT VENTURE, LTD.Named in complaintNamed in settlement
• GRAHN, WALTERNamed in complaintNamed in settlement

Facilities (1)

• LANDIA CHEMICAL COMPANY

  1405 W OLIVE ST, LAKELAND, FL, 33815-4386

  Registry ID: 110002530529

Statutes cited

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

Enforcement conclusions (1)

• LANDIA CHEMICAL COMPANY SITEentered 2009-08-28

  Primary law: CERCLA

Timeline (7 milestones)

• 2007-09-25PRN Sent
• 2009-05-26Enforcement Action Data Entered
• 2009-06-19Referred To Dept Of Justice
• 2009-07-15Complaint Filed With Court
• 2009-07-15Final Order Lodged
• 2009-08-28Concluded
• 2009-08-28Final Order Entered