EPA v. ENVIRONMENTAL CONSERVATION AND CHEMICAL CORPORATION

Case summary

LITIGATION PLAN: 11/18/82: HQ IS NOT ACTIVELY PARTICIPATING IN ON-GOING STATE/GENERATOR NEG'S. QUESTIONS ABOUT SITE ARE BEING RE- FERRED FROM HQ TO REGN. HQ WILL BECOME INVOLVED ONLY UPON RE QUEST OF STATE IF STTLMNT PROCEEDS AS AT PRESENT. RE: JUNE 8, 1989 REFERRAL THIS EXPEDITED REFERRAL REQUESTS THAT A COMPLIANT BE FILED AGAINST ADDITIONAL GENERATORS AT THE ENVIRONMENTAL CON SERVATION & CHEMICAL CORP SITE (ENVIROCHEM) PURSUANT TO SECT 107 OF CERCLA. THE ENVIROCHEM SUPERFUND SITE IS LOCATED NEAR ZIONSVILLE, INDIANA, AND IS LISTED ON THE NAT'L PRIORITIES LIST. IN 19 83, THE USEPA WORKED WITH YOUR OFFICE TO FILE SUIT, THEN EN- TER A PARTIAL CONSENT DECREE, UNDER CERCLA WITH APPROXIMATE LY 250 DEFENDANTS. USEPA IS CURRENTLY NEGOTIATING A FINAL CONSENT DECREE IN THE CASE. A NUMBER OF ADDITIONAL DEFENDANTS WERE SUBSEQUENTLY IDENTI FIED. IN 1988, THE USEPA WORKED WITH YOUR OFFICE TO FILE IT AGAINST A NUMBER OF THESE NEWLY DISCOVERED, POTENTIALLY RESPONSIBLE PARTIES (PRPS) WHO WERE UNWILLING TO SIGN A TOL- LING AGREEMENT, IN ORDER TO AVOID ANY STATUTE OF LIMITATIONS ARGUMENT THAT MIGHT HAVE ARISEN AFTER JULY 18, 1988. BY THEIR TERMS, HOWEVER, THE TOLLING AGREEMENTS (WHICH HAVE AL- READY BEEN EXTENDED ONCE) EXPIRE ON JUNE 30, 1989. USEPA, THEREFORE, SEEKS TO FILE AGAINST CERTAIN OF THESE NEW PAR- TIES NOW, BEFORE A FINAL SETTLEMENT IS NEGOTIATED, TO AVOID ANY STATUTE OF LIMITATIONS ARGUMENTS THAT MIGHT ARISE AFTER JUNE 30, 1989. - * * * ADDITIONAL SUMMARY COMMENTS * * * THE ORGINALLY IDENTIFIED PRPS SUBSEQUENTLY ENTERED NEGOTIA TIONS WITH EPA AND AGREED TO PERFORM A MODIFIED REMEDY FOR THE ENVIROCHEM ALONE. (NEGOTIATIONS SIMULTANEOUSLY ACHIEVED AN AGREEMENT WITH NORTHSIDE PRPS TO PERFORM A NORTHSIDE-ONLY VERSION OF THE ORGINAL ROD.) THE REVISED ENVIROCHEM REMEDY ADDS A SOIL VAPOR EXTRACTION COMPONENT DESIGNED TO MINIMIZE OR ELIMINATE THE GROUNDWATER TREATMENT. AS THOSE NEGOTIATIONS WERE CONCLUDED, EPA NEGOTIATED WITH ALL PRPS WHO WERE IDENTIFIED AFTER THE 1983 DECREE FOR A DE MINIMIS BUYOUT. THAT SETTLEMENT WAS FINALIZED IN JANUARY, 1990. IT INCLUDED THE AMERICAN WASTE PROCESSING DEFENDANTS AND ALSO INCLUDED ON NON-DE MINIMIS PARTY-JEFFBOAT. THE NEW SETTLING PARTIES WERE NAMED IN THE COMPLAINT, WHICH WAS CON- SOLIDATED WITH AM WASTE. _ * FOR FURTHER SUMMARY COMMENTS SEE CASE #05-89-0060 *

Defendants (280)

• ALCOANamed in complaintNamed in settlement
• GENERAL POLYMERS CORPNamed in complaintNamed in settlement
• INDIANA UNIVERSITYNamed in complaintNamed in settlement
• MARATHON OIL CONamed in complaintNamed in settlement
• AMERICAN HOIST & DERRICK CONamed in complaintNamed in settlement
• ANDERSON DEVELOPMENT CONamed in complaintNamed in settlement
• ASHLAND CHEMICAL CONamed in complaintNamed in settlement
• CELOTEX CORPNamed in complaintNamed in settlement
• CHAMPION INTERNATIONAL CORPNamed in complaintNamed in settlement
• CHEMICAL RECOVERY SYSTEMS INCNamed in complaintNamed in settlement
• EATON CORPNamed in complaintNamed in settlement
• ROCKWELL INTERNATIONALNamed in complaintNamed in settlement
• SEARS ROEBUCK & CONamed in complaintNamed in settlement
• SHELL OIL CONamed in complaintNamed in settlement
• SOMMER METALCRAFT CORPNamed in complaintNamed in settlement
• SUN CHEMICAL CORPNamed in complaintNamed in settlement
• WAYNE CORPNamed in complaintNamed in settlement
• WESTINGHOUSE ELECTRIC CORPNamed in complaintNamed in settlement
• WHIRLPOOL CORPNamed in complaintNamed in settlement
• ZIMMER PAPER PRODUCTS INCNamed in complaintNamed in settlement
• FEDERAL-MOGUL CORPNamed in complaintNamed in settlement
• FORD MOTOR CONamed in complaintNamed in settlement
• GENERAL ELECTRIC CONamed in complaintNamed in settlement
• GENERAL MOTORS CORPNamed in complaintNamed in settlement
• INDIANAPOLIS NEWSPAPERS, INCNamed in complaintNamed in settlement
• …and 255 more

Facilities (2)

• ENVIROCHEM CORPORATION

  865 SOUTH STATE ROAD 421, ZIONSVILLE, IN, 46077

  Registry ID: 110006005241

• ALCOA

  MISSOURI AVE HWY 15, EAST ST. LOUIS, IL, 62201

  Registry ID: 110009326470

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107 — Superfund

Enforcement conclusions (4)

• ENVRMNTL CONS & CHEMICAL CORPentered 1983-11-09

  Primary law: CERCLA

• ENVIRONMENTAL CONSERVATION AND CHEMICAL CORPORATIONentered 2025-05-01

  Primary law: CERCLA

• ENVIRONMENTAL CONSERVATION AND CHEMICAL CORPORATIONentered 2006-02-02

  Primary law: CERCLA

• ENVRMNTL CONS & CHEMICAL CORPentered 1991-09-10

  Primary law: CERCLA

Timeline (7 milestones)

• 1980-02-03Enforcement Action Data Entered
• 1980-05-13Referred To Headquarters
• 1983-09-14Referred To Dept Of Justice
• 1983-09-20Referred TO U.S. Attorney
• 1983-09-21Complaint Filed With Court
• 2025-05-01Final Order Entered
• 2025-05-01Final Order Lodged