EPA v. ISANTI SOLVENT I (FED. CT. CASE)

Case summary

UNITED STATES V. SPEED-O-LAQ CHEMICALS CORPORATION, CIV. NO. 3-84-789 (D. MINN.): COST RECOVERY CASE UNDER CERCLA FILED 6/1/84. NATURE OF THE CASE: CLEAN UP OF THE 4 CLOSELY RELATED SITES IN ISANTI CTY WAS COMPLETED ON 5/26/82, IN ACCORDENCE W/A 2 PHASE, EMERGENCY REMOVAL PLAN. 1,100 BARRELS CONTAINING SOL- VENTS, SLUDGES, SOLIDS & OTHER HAZ WASTES WERE REMOVED FROM THE SITES. OVER 800 HAS BEEN BURIED IN A LARGE PIT. THE PROJECT TOOK PLACE THE FULL 6 MONTHS ALLOWED UNDER SEC 104 OF CERCLA. EXPENDITURES TO DATE ARE IN EXCESS OF $700K. THE US EPA SEEKS COST RECOVERY & OTHER APPROPRIATE RELIEF FROM A NUMBER OF RESPONSIBLE PARTIES, INCLUDING LANDOWNERS, OWNERS OF THE WASTE, TRANSPORTERS, & GENERAT- ORS, PURSUANT TO SEC 107 OF CERCLA, SEC 7003 OF RCRA, & THE COMMON LAW. WE ALSO SEEK APPROPRIATE RELIEF AGAINST LANDOWNERS & OWNERS OF WASTES UNDER SEC 3008 OF RCRA FOR IMPROPER STORAGE & DISPOSAL OF HAZ WASTES W/O A PER- MIT. BEFORE THE CLEAN UP, AN IMMINENT & SUBSTANTIAL EN- DANGERMENT TO HEALTH & THE ENVIRONMENT EXISTED AT THE SITES. THE WASTES STORED AT ALL SITES PRESENTED THE DAN- GER OF EXPLOSION. 4 FAMILY WELLS NEAR THE SITE WERE DIS- COVERED TO BE CONTAMINATED W/1,1,1 TRICHLOROETHANE, BEN- ZENE, TOLUNE & OTHER HAZ CHEMICALS. ADDITIONAL WELLS WERE THREATENED W/COMTAMINATION. 2 OF THE SITES WERE PLAY AREAS FOR CHILDREN. A DANGER FROM DIRECT CONTACT W/THE WASTES EXISTED AT ALL SITES. LASTLY, HAZ CHEMICALS LEAK- ING FROM 3 OF THE 4 SITES THREATENED TO CONTAMINATE THE RUM RIVER, A NATIONAL WILD & SCENIC RIVER. THE US EPA & ITS CONTRACTORS CONDUCTED PHASE 1 OF THE REMOVAL ACTION, WHICH RESULTED IN CLEAN UP OF ALL BARRELS & WASTES DISPOSED OF AN THE SURFACE OF THE 4 SITES. THE MN POLLUTION CONTROL AGENCY (MPCA) SERVED AS EPA'S PRIME CONTRACTOR FOR PHASE 2, THE CLAEN UP OF THE BURIAL SITE. THE MPCA HAD ORGINALLY REQUESTED EPA ASSIS- TANCE & CONTINUES TO GIVE ITS FULL SUPPORT TO PURSUIT OF THIS ACTION. *****REFERRAL OF COST RECOVERY ACTION FOR THE RUMPLE JUNK- YARD SITE TO THE DEPARTMENT OF JUSTICE: REFERRED 2/15/85. BACKGROUND AND NATURE OF CASE THIS IS A PROPOSED COST RECOVERY ACTION FOR COSTS INCURRED AS A RESULT OF A REMOVAL ACTION AT THE RUMPLE JUNKYARD SITE CONDUCTED FROM FEBRUARY THROUGH APRIL OF 1984. THIS REFERRAL IS RELATED TO THE ISANTI SOLVENTS SITE WHICH WAS PREVIOUSLY REFERRED THE THE DEPARTMENT OF JUSTICE AND RESULTED IN A FILED ACTION ENTITLED UNITED STATES V. SPEED-O-LAQ (CIVIL ACTION NO. 3-84-739 (D.MINN)). THAT ACTION INVOLVED COST RECOVERY OF COSTS FOR THE REMOVAL OF WASTE DISPOSED OF AT FOUR SEPARATE PARCELS OF PROPERTY IN ISANTI, MINNESOTA BY A RECYCLING CONCERN KNOWN AS ROCKET PRODUCTS, INC., AND LATER AS NORTHWEST CHEMICALS, INC. ( ROCKET/NORTHWEST ). THE REMOVAL ACTIVITIES AT ISSUE IN THE FILED ACTION OCCURRED IN 1982, AND INVOLVED, INTER ALIA, REMOVAL OF WASTE FROM PROPERTY OWNED BY ONE BERNARD RUMPLE. AFTER COMPLETION OF THE 1982 REMOVAL ACTION, ADDITIONAL DRUMS WERE UNCOVERRED AT THE RUMPLE PROPERTY, THUS NECES- SITATING FURTHER REMOVAL ACTIVITIES. THIS SECOND REMOVAL EFFORT HAS BEEN DESIGNATED AS THE RUMPLE JUNKYARD SITE. SINCE THE WASTE REMOVED DURING THE SECOND REMOVAL IS PART OF THE WASTE DISPOSED OF BY ROCKET/NORTHWEST, THE PRESENT REFERRAL RECOMMENDS AMENDMENT OF THE EXISTING COMPLAINT TO SEEK RECOVERY OF THE ADDITIONAL COSTS INCURRED AS PART OF THE SECOND REMOVAL EFFORT.

Defendants (11)

• HONEYWELL, INC.
• ACME TAG COMPANY
• BEMIS COMPANY, INC.
• COLOR AD PACKAGING COMPANY
• CONTROL DATA CORPORATION
• LARSEN INDUSTRIES
• MINNESOTA MINING AND MFG. CO.
• PCI
• SPEED-O-LAQ CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• TEC, INC.
• WHIRLPOOL CORPORATION

Facilities (1)

• MPCA ISANTI SOLVENT SITE

  RTE 5 BOX 118, CAMBRIDGE, MN, 55008

  Registry ID: 110006048605

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• RCRA 3008 — Res Conserv & Rec Act
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• SPEED-O-LAQ CHEM / ISANTI SITEentered 1989-03-23

  Primary law: CERCLA

Timeline (9 milestones)

• 1982-09-22Referred To Headquarters
• 1984-01-30Referred To Dept Of Justice
• 1984-01-30Returned To Region
• 1984-01-30Rereferred
• 1984-06-01Complaint Filed With Court
• 1989-03-23Final Order Entered
• 1989-03-23Final Order Lodged
• 1989-03-23Concluded
• 1989-05-10Enforcement Action Closed