EPA v. SEYMOUR RECYCLING CORP

Case summary

(THIS IS AN NPL SITE) SEYMOUR RECYCLING CORP, ET. AL - SEYMOUR, IN FILED 5/9/80, CIVIL ACTION #IP 80-457-C US DISTRICT CT FOR THE SOUTHERN DISTRICT OF IN THE COMPLAIN ASSERTS THAT AS OF 3/28/80, APPROX 40000-60000 DRUMS, & MORE THAN 80 BULK TNKS WERE ON THE SITE. COMPLAINT MAINTAINS THAT MAJ OF THESE CONTAINERS WERE RUSTED, PUNCTURED, & WERE MISSING LIDS - RESULTING IN SPILLAGE & LEAKAGE OF WASTES ONTO THE GRND. ACCRDING TO THE SUIT, THIS HAS RESULTED IN SOIL CONTAMINATION, FIRES & ODOROUS FUMES. COMPLAINT ASSERTS THAT PRIOR TO 3/28/80 CONTAMINATED RUN-OFF HAD ENTERED DRAINAGE DITCHES SURROUNDNG PROPERTY; AREA RESIDNTS COMPLAINED OF ODORS & FUMES RESULTING IN EYE & LUNG IRRITATIONS; NEARBY BUSINESSES HAD TO BE EVACUATED BECAUSE OF THREATS FROM FIRE & FUMES; & A FIRE HAZARD EXISTED AS MANY DRUMS WERE UNLABELLED OR IMPROPERLY LABELLED. THE EPA REGIONAL RESPONSE TEAM UNDER THE AUTHORITY OF THE HAZARDOUS SPILL CLNUP PROGRAM OF THE CLEAN WATER ACT, WAS CALLED IN FOLLOWING THE MAR 28 INCIDENT. THE COMPLAINT STATES THAT SEVERAL CHEM DEFINED IN SEC 311 OF THE ACT WERE FOUND IN A DITCH OUTSIDE THE NORTH FENCE OF THE SITE. THE DITCH LEADS TO A STREAM KNOWN AS HEDDY RUN WHICH IS A TRIBUTORY OF THE EAST FORK OF THE WHITE RIVER, A NAVIGABLE WATERWAY OF THE USA. AN EPA CONTRACTOR UNDER SUPERVISION OF EPA REG STAFF BEGAN REMEDIAL WORK ON THE ABOVE DATE. AS OF THE FILING DATE, THE US HAD SPENT $860000 OF SEC 311 FUNDS TO SAMPLE CHEM, DIVERT & TREAT CONTAMINATED WATER, REMOVE DRUMS FROM STANDING WATER TO DRIER & MORE SECURE STAGING AREAS, & REMOVE EXPLOSIVE & HIGHLY REACTIVE CHEM. ACCORDING TO COMPLAINT, WHILE THE EPA EMERGENCY ACTIONS HAVE TEMPORARILY CONTAINED SURFACE RUNOFF & SLOWED DRUM DETERIORATION, SERIOUS PROBLEMS STILL EXIST AT SITE. BARRELS REMAIN EXPOSED TO ELEMENTS & ARE NOT SAFELY STORED, A MAJ OF BARRELS ARE IN WEAKENED OR REPACKAGING IN ORDER TO CONTAIN LEAKAGE, & SOIL THRUOUT THE SITE IS CONTAMINATED. LITIGATION PLAN: 11/30:HEARING ON ENTRY OF CD W/24 GENERATORS. 11/29: LAST DAY FOR RESPONSE TO PRO RATA STTLMNT OFFER. 12/1:ASSESS RESPONSE TO STTLMNT OFFER. PREPARE TO ADD NON-STTLRS TO COMPLAINT. 01-28-83: NON SETTLERS BEING REVIEWED FOR POTENTIAL IN- CLUSION IN SECOND AMENDED COMPLAINT. ISSUE OF # OF OPERA- TORS DESIRED FOR LAWSUIT IS STILL BEING RESOLVED. GROUND- WATER AND DRUM SAMPLING PLANS BEING DEVELOPED FOR LITIGATION. 03-18-83: PRO RATA COVENANTS TO BE SIGNED BY GOVERNMENTAL PARTIES AND DEMAND MADE FOR PAYMENTS, AS SOON AS POSSIBLE. SECOND AMENDED COMPLAINT TO BE FILED BY 4/1/83. STRATEGY AND DEFENDANT SELECTIONS MEETING IN CHICAGO 3/23-4. ISSUE UNRESOLVED AS TO HOW MANY DEFENDANTS SHOULD BE SUED. US ATT'Y SAYS SUE AS MANY OF THE 140 AS WE HAVE A CASE AGAINST. LITIGATION TEAM (MAJORITY) THINKS 40 IS REASONABLE NUMBER, INCLUDING A MIX OF LARGE AND SMALL. BURACK SAYS PICK 15 LARGEST AND TRY TO GET JOINT AND SEVERAL. ISSUE NOT RESOLVED AS TO WHAT CONSTITUTES A CASE FOR PURPOSES OF DEFENDANT SELECTION. IN LIGHT OF PRELIMINARY NATURE OF EXISTING DATA, THIS CRITERION MAY BE MISLEADING. 04-13-83: LITIGATION TEAM RECOMMENDS 55 FOR SUIT. PLAN TO FILE 2ND AMENDED COMPLAINT BY 4/15. NOW 5/1 DATE MORE LIKELY. MAKE DEMAND FOR PAYMENT OF PRO RATA AMOUNTS BY THEN ALSO. BEFORE THAT, WE MUST SIGN ALL COVENANTS AND DRAFT AND SIGN THE DEMAND LETTER REQUIRED FOR DOCUMENTS. ISSUE HAS ARISEN AS TO USE OF PRO RATA MONEY FOR ALTERNATE WATER SUP- PLY FOR SUBDIVISION. NO RESOLUTION

Defendants (35)

• PROCTOR & GAMBLE CONamed in complaintNamed in settlement
• RCA CORPNamed in complaintNamed in settlement
• WHIRLPOOL CORPNamed in complaintNamed in settlement
• GENERAL MOTORS CORPNamed in complaintNamed in settlement
• OLIN CORPNamed in complaintNamed in settlement
• FORD MOTOR CONamed in complaintNamed in settlement
• GENERAL ELECTRIC CONamed in complaintNamed in settlement
• GENERAL AMERICAN TRANSPORTATION CORPNamed in complaintNamed in settlement
• IBM CORPNamed in complaintNamed in settlement
• JELLICO CHEMICAL COMPANYNamed in complaintNamed in settlement
• K.O.I. PETROLEUM CO., INC.Named in complaintNamed in settlement
• KOVACS, WILLIAM L.Named in complaintNamed in settlement
• MCDONNELL DOUGLAS CORPNamed in complaintNamed in settlement
• OWENS-ILLINOIS, INC.Named in complaintNamed in settlement
• PENNWALT CORPNamed in complaintNamed in settlement
• AMERICAN CAN CONamed in complaintNamed in settlement
• ATLANTIC RICHFIELD CONamed in complaintNamed in settlement
• BEMIS CO., INC.Named in complaintNamed in settlement
• BOARD OF AVIATION COMMISSIONERSNamed in complaintNamed in settlement
• BORG-WARNER CHEMICALS, INCNamed in complaintNamed in settlement
• CHEM-DYNE CORPNamed in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 2Named in complaintNamed in settlement
• DEFENDANTS W/SETTLEMENT 1-SETTLEMENT 3Named in complaintNamed in settlement
• DOW CORNING CORPNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS & CO., INC.Named in complaintNamed in settlement
• …and 10 more

Facilities (1)

• SEYMOUR RECYCLING CORPORATION

  1275 G AVE W, SEYMOUR, IN, 47274

  Registry ID: 110003078749

Statutes cited

• CWA 311 — Oil and Hazardous Substance Liability
• CERCLA 107 — Superfund
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (4)

• SEYMOUR RECYCLING CORPentered 1982-12-15

  Primary law: CERCLA

• SEYMOUR RECYCLING CORPORATIONentered 1988-12-01

  Primary law: CERCLA

• SEYMOUR RECLYING CORPentered 1999-02-04

  Primary law: CERCLA

• SEYMOUR RECYCLING CORPORATIONentered 1995-05-15

  Primary law: CERCLA

Timeline (6 milestones)

• 1980-02-11Referred To Dept Of Justice
• 1980-04-02Referred TO U.S. Attorney
• 1980-05-09Complaint Filed With Court
• 1997-08-28Enforcement Action Data Entered
• 1999-02-04Final Order Lodged
• 1999-02-04Final Order Entered