EPA v. KOR CORP

Case summary

KOR CORP (KOR) FORMULATES CHEMICALS FOR USE AS IND CLEANERS & RUST REMOVERS AT ITS FACILITY IN GARY, IN. ACCORDING TO COMPLAINT, HANDLING, STORAGE & DISPOSAL OF SOLID & HAZD WASTES BY DEFENDANT HAS CREATED A HEALTH HAZD TO NEARBY RESIDENTS, & POSED A FIRE HAZD. KOR IS AN IN. CORP THAT IS NOT CURRENTLY IN COMP WITH STATE INCORP STATUTES. IT IS LOCATED IN A LT IND. AREA OF GARY & IS BORDERED BY RR TRACKS, A CITY GARAGE, & A SMALL BUSINESS. PRIVATE HOMES ARE WITHIN 50 FT OF THE PROPERTY. THE FACILITY ENCOMPASSES SOME 8000 SQ FT. ONCE OR TWICE A YR CHEMICALS ARE FORMULATED IN A SECTION OF THE BUILDING. THEY ARE PERIODICALLY SHIPPED FOR DISTRIBUTION TO KOR'S CUSTOMERS. ACCESS TO BUILDING IS EASILY GAINED. A PORTION OF ROOF COLLAPSED DURING A SNOWSTORM, DOORS ARE UNSECURED OR MISSING ENTIRELY, & MOST OF WINDOWS ARE BROKEN OR NON-EXISTENT. 3 OF THE CHEMICALS USED IN KOR'S MANUFACTURING PROCESS ARE PHOSPHORIC ACID, SODIUM CHLORATE, & PERCHLOROETHYLENE. PHOSPHORIC ACID IS CORROSIVE & IS MODERATELY TOXIC BY INGESTION OR INHALATION. SODIUM CHLORATE IS A STRONG OXIDANT WHICH MAY INITIATE FIRE WHEN IT CONTACTS OTHER MATERIALS, & IS A MODERATE TOXIN & SKIN IRRITANT. PERCHLOROETHYLENE IS HIGHLY TOXIC, IS A SUSPECTED CARCINOGEN IN CHRONIC DOSES, & IS A SKIN & EYE IRRITANT IN ACUTE DOSES. ACCORDING TO COMPLAINT, 8-11 POLYETHYLENE-LINED FIBRE DRUMS CONTAINING PHOSPHORIC ACID ARE ON-SITE. MANY OF THE DRUMS ARE PUNCTURED & LEAKING. APPROX. 90 FIBRE DRUMS ARE BELIEVED TO CONTAIN SODIUM CHLORATE RESIDUES. ALSO ON-SITE ARE 11 DRUMS CONTAINING KOR PRODUCTS-PRODUCTS THAT ARE KNOWN TO CONTAIN PERCHLOROETHYLENE. ACCORDING TO COMPLAINT, IT IS IMPOSSIBLE TO DETERMINE THE EXACT NO. OF DRUMS ON-SITE AS MANY DRUMS ARE LOCATED UNDER THE COLLAPSED ROOF. LITIGATION PLAN: AT REGN MTG ON 10/21/82, THE LITIGATION TEAM AGREED ON THE FOLLOWING STRATEGY: 1. TALBERT TO PREPARE REGN 5 RECOMMENDATION THAT CASE SHOULD BE DISMISSED & A SEC 3008 ORDER ISSUED TO PARTY TO BE IDENTIFIED BY REGN 5. 2. MUYS TO REVIEW REGN 5 RECOMMENDATION & OBTAIN HQ CONCURRENCE. 3. VAN HEUVILEN TO PREPARE NECESSARY DOCUMENTS TO DIS- MISS CASE.

Defendants (1)

• KOR CORPORATIONNamed in complaint

Facilities (1)

• KOR CORP

  600 W 9TH AVE, GARY, IN, 46402

  Registry ID: 110003082100

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act

Timeline (6 milestones)

• 1980-08-22Referred To Headquarters
• 1980-08-29Referred To Dept Of Justice
• 1980-09-08Referred TO U.S. Attorney
• 1980-09-12Complaint Filed With Court
• 1983-03-04Concluded
• 1983-03-04Enforcement Action Closed