EPA v. OTT/STORY/CORDOVA SITE

Case summary

UNIT TO CONTAIN A SURFACE AND GROUNDWATER CONTAMINATION PLUME. RE: CONTEMPT REFERRAL THIS REFERRAL RECOMMENDS FILING A SUPPLEMENTAL COMPLAINT AGAINST CPC INT'L., INC., AEROJET CORP, CORDOVA CHEMICAL CO. OF CALIFORNIA AND CORDOVA CHEMICAL CO. OF MICHIGAN. THE COM PLAINT WOULD BE SUPPLEMENTED TO INCLUDE NEW ASSERTIONS OF LI ABILITY UNDER CERCLA SECT 106B AND 107C3 AGAINST THE DEFEN- DANTS FOR THEIR FAILURE TO COMPLY WITH TWO UNILATERAL ORDERS WHICH ORDERS WHICH WERE ISSUED TO THEM BY USEPA IN 1990 AND 1991 PURSUANT TO CERCLA SECT 106, 42 USC 9606. THE SUPPLE- MENTAL COMPLAINT WOULD SEEK ADDITIONAL RELIEF IN THE FORM OF AN INJUNCTION ENFORCING THE ORDERS, STATUTORY PENALTIES, AND TREBLE DAMAGES. THIS CASE WAS PREVIOUSLY REFERRED TO THE DOJ IN SEPT. 1989 FOR RECOVERY OF PAST AND FUTURE RESPONSE COSTS AND A DETER- MINATION OF LIABILITY PURSUANT TO CERCLA SECT 107A. A TRIAL WAS CONDUCTED BETWEEN MAY 8, 1991 ANE JUNE 4, 1991 IN GRAND NATURE OF THE CASE THIS PROPOSED COST RECOVERY CASE CONCERNS THE OTT/STORY/ CORDOVA FACILITY, IN NORTH MUSKEGON, MI. SINCE APPROX. 1957 ORGANIC CHEMICAL MANUFACTURERS HAVE USED THE SITE FOR INTER- MEDIATE OPERATIONS IN THE MANUFACTURE OF SYNTHETIC DRUGS, VETERINARY MEDICINES, DYSE, AND AGRICULTRUAL CHEMICALS. PRO DUCTION VESSEL CLEAN-OUT WASTES AND WASTEWATERS WERE DIS- CHARGED TO UNLINED LAGOOD, AND DRUMS OFEASTE WERE ACCUMU- LATED AT THE FACILITY. WATER AND SOIL CONTAMINATION WERE AP PARENT BY THE MID-1960'S. FROM 1964 THROUGH 1974, GROUND- WATER PUMPING TO SLOW A CONTAMINATION PLUME, WAS CONDUCTED BY POTENTIALLY RESPONSIBLE PARTIES (PRPS) OTT CHEMICAL CO. AND STORY CHEMICAL CO. HOWEVER, THAT EFFORT CAN BE CHARAC- TERIZED AS LARGELY INEFFECTUAL. IN THE LATE 1970'S, PURSU- ANT TO A SETTLEMENT, PRP CORDOVA CHEMICAL CO. DESTROYED TANKS OF PHOSGENE GAS ON SITE, AND FUNDED THE STATE OF MICHI GAN IN ITS EFFORTS TO REMOVE WASTE DRUMS, LAGOON SLUDGES, AND CONTAMINATED SOILS FROM THE SITE. PRP CPC INTERNATIONAL INC., PARENT OF OTT CHEMICAL CO, INSTALLED AN ALTERNATE WATER SUPPLY IN SETTLEMENT OF A CITIZENS SUIT IN 1982. THE SITE WAS PLACED ON THE NATION PRIORIRIES LIST IN 1982.. - CAUSE OF ACTION USEPA SEEKS THE RECOVERY OF MONIES EXPENDED AT THE SITE PUR- SUANT TO SECTION 107 OF CERCLA, 42 U.S.C. SECTION 9607. THE DEFENDANTS INCLUDE PRP CPC INTERNATION, INC., PARENT CORP OF OTT CHEMICAL CO., AND PRP CORDOVA CHEMICAL CO. STORY CHEMI- CAL CO ENTERED BANKRUPTCY IN THE 1970S, AND HAS NOT BEEN CONSIDERED A VIABLE PRP. - PROPOSED REMEDY THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS EXPENDED BY THE U.S. EPA AT THE SITE TO DATE. THESE COSTS TOTAL APPROX. $1.3 MILLION. WE ALSO SEEK A DE- CLARATORY JUDMENT ON LIABILITY FOR FUTURE COSTS EXPENDED AT THE SITE. WE FURTHER SEEK IMPLEMENTATION OF AN OPERABLE RAPIDS, MI. (WDMI) ON LIABILITY AND ALLOCATION ISSUES. EACH OF THE REMAINING DEFENDANTS (DR. OTT HAVING SETTLED) WERE FOUND LIABLE UNDER CERCLA SECT 107 FOR RESPONSE COSTS AT THE SITE, U.S. V. CORDOVA CHEMICAL, ET AL., WDMI 8/27/91 (JUDGE HILLMAN). THE FACILITY IS LOCATED IN AN UNINCORPORATED AREA NORTH OF THE CITY LIMITS KNOWN AS NORTH MUSKEGON.

Defendants (5)

• AEROJETNamed in complaintNamed in settlement
• CORDOVA CHEMICAL CONamed in settlement
• CORDOVA CHEMICAL OF MICHIGANNamed in complaintNamed in settlement
• CORN PRODUCTS CONamed in complaintNamed in settlement
• OTT, ARNOLD DR.Named in complaintNamed in settlement

Facilities (1)

• CORDOVA CHEMICAL

  500 AGARD RD, NORTH MUSKEGON, MI, 49445

  Registry ID: 110001829512

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• OTT/STORY/CORDOVA SITEentered 2000-08-24

  Primary law: CERCLA

• OTT/STORY/CORDOVA SITEentered 1992-09-10

  Primary law: CERCLA

Timeline (5 milestones)

• 1980-11-05Enforcement Action Data Entered
• 1989-06-30Referred To Dept Of Justice
• 1989-10-16Complaint Filed With Court
• 1999-07-20Final Order Lodged
• 2000-08-24Final Order Entered