EPA v. BASF WYANDOTTE CORPORATION

Case summary

THE US & STATE OF MICH AS INTERVENOR, BROUGHT SUIT AGAINST BASF WYANDOTTE CORP AND FEDERAL MARINE TERMINAL, INC. RIVERVIEW, MI FILED 9/30/80, CIVIL ACTION #80-73699 U.S. DISTRICT CT FOR THE EASTERN DISTRICT OF MI BASF OWNED 30 ACRES NEAR THE DETROIT RIVER FROM 1951-1979. BASF ALLEGEDLY DISPOSED OF INDUSTRIAL HAZARDOUS WASTES AT THE SITE, CONTAMINATING SOIL, GROUNDWATER AND SURFACEWATER AROUND RIVERVIEW, MI. BASF OWNS & OPERATES 2 CHEM PLANTS IN WYANDOTTE, MI, AN ADJACENT CITY, AND DUMPED WASTES FROM THE PLANTS AT ITS RIVERVIEW PROPERTY WHICH ADJOINS THE TRENTON CHANNEL OF THE DETROIT RIVER. DEFENDANT FMT PURCHASED THE RIVERVIEW PROPERTY FROM BASF FOR $1250000 ON OCT 15, 1979, TO CONSTRUCT & THEN OPERATE A MARINE TERMINAL. FMT PAID $250000 CASH TO BASF, & WAS TO PAY THE BALANCE UNDER $1 MIL PURCHASE MONEY NOTE & MORTGAGE. FMT ACQUIRED NECESSARY CONSTRUCTION PERMITS & CONSTRCTN BEGAN OCT 1979. DURING EXCAVATION FMT DISCOVERED CHEM & IND WASTE. ON DEC 5, 1979 MI DEPT OF NATURAL RESOURCES ISSUED A CEASE & DESIST ORDER REQUIRING FMT CEASE CONSTRCTN & CONTAIN THE POLLUTION AFTER WHICH FMT CEASED PAYMNT OF THE $1 MIL BALANCE TO BASF. IN APR 1980, FMT INFORMED ARMY CORPS OF ENGNRS THAT IT WAS ABANDONING THE PROJ. THE FILL PLACED ON RIVERVIEW SITE BY BASF CONTAINS CHEM AND IND WASTES DRUMS, GLASS JARS, LAB TEST TUBES, & OTHER CHEM CONTAINRS. CONTAMINANTS DISCOVRD IN SOIL, GRNDWTR AND SURFACEWTR ARE METALS, HEPTACHLOR, BENZENE, CYANIDE, CHLOROFORM, POLYCHLORINATED BIPHENYLS, & POLYNUCLEAR AROMATIC HYDROCARBONS. AT LEAST 7 OF THE METALS ARE TXINS, 4 ARE KNOWN HUMAN CARCINOGENS, & MANY ARE BIOACCUMULATIVE. AT LEAST 9 OF THE METALS WERE FOUND IN THE GRNDWTR AND SURFACEWTR IN CONCENTRATIONS IN EXCESS OF THE PROPOSED CRITERIA OF SEC 304(A) OF CLEAN WATER ACT. RELIEF IS SOUGHT PURSUANT TO SEC 7003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT.

Defendants (2)

• BASF WYANDOTTE CORP.Named in complaintNamed in settlement
• FEDERAL MARINE TERMINALS, INC.Named in complaintNamed in settlement

Facilities (1)

• BASF WYANDOTTE-RIVERVIEW SITE

  JEFFERSON AVE, RIVERVIEW, MI, 48192

  Registry ID: 110010592448

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• BASF WYANDOTTE CORP/METAMORAentered 1984-07-18

  Primary law: CERCLA

Timeline (8 milestones)

• 1980-05-02Referred To Headquarters
• 1980-09-10Referred To Dept Of Justice
• 1980-09-26Referred TO U.S. Attorney
• 1980-09-30Complaint Filed With Court
• 1984-07-18Final Order Lodged
• 1984-07-18Final Order Entered
• 1984-07-18Concluded
• 1986-04-11Enforcement Action Closed