EPA v. GEBHART CHEMICAL CO.

Case summary

NATURE OF THE CASE ON JUNE 20, 1983, THE ENVIRONMENTAL SERVICES DIVISION OF U.S. EPA, REGION V COMMENCED AN IMMEDIATE REMOVAL ACTION AT THE GEBHART FERTILIZER COMPANY IN LATHAM, ILLINOIS, TO REMOVE HAZARDOUS PESTICIDE, HERBICIDE AND FERTILIZER WASTES FROM AN ABANDONED FACILITY (HERIN AFTER REFERRED TO AS THE SITE OR FACILITY ). THE SITE IS DEEMED TO HAVE BEEN IN- ACTIVE SINCE MARCH, 1982, WHEN UTILITY RECORDS INDICATE THAT WATER WAS NO LONGER BEING USED AT THE FACILITY. LATHAM IS A SMALL FARMING COMMUNITY OF 550 PEOPLE. THE 3-ACRE GEBHART SITE IS LOCATED IN THE HEART OF A BUSINESS AND RESIDENTIAL AREA OF LATHAM, AND IS ONLY A FEW HUNDRED FEET FROM THE TOWN'S WATER TREATMENT PLANT. THE FARMING CHEMICALS AND FERTILIZERS WERE STORED IN TWO DETERIORATING AND UNSECURED BUILDINGS, EASILY ACCESSIBLE TO THE PUBLIC. A WATER WELL LOCATED JUST SOUTH OF THESE BUILDINGS WAS FOUND TO BE SERVICEABLE, ALTHOUGH IT WAS NOT IN OPERATION AT THE TIME OF THE REMOVABLE ACTION. OVER THE COURSE OF THE PAST SEVERAL YEARS, LOCAL RESIDENTS HAVE CONTINUALLY COMPLAINED OF STRONG ODORS BEING EMITTED FROM THE GEBHART FACILITY, AND CHILDREN HAVE BEEN OBSERVED PLAYING ON THE PREMISES. THE IMMEDIATE REMOVAL ACTION WAS TAKEN TO PREVENT THE DANGER OF DIRECT HUMAN CONTACT, FIRE, AND EXPLOSION POSED BY THE PRESENCE OF FLAMMABLE HAZARDOUS WASTE AT THE FACILITY. OVER 150 TONS OF SOLID PESTICIDES, HERBICIDES AND FERTILIZ- ERS WERE BEING STORED LOOSELY, IN OPEN BINS, AND IN UNSEC- URED PLASTIC BAGS. OVER 5,000 GALLONS OF LIQUID PESTICIDES AND HERBICIDES WERE BEING STORED IN BOTTLES, DRUMS AND TANKS, SEVERAL OF WHICH WERE CORRODED AND LEAKING THEIR CON- TENTS. MANY OF THE PESTICIDES FOUND ON SITE, INCLUDING DDT AND ALANAP 10G, HAVE BEEN BANNED FROM USE IN THE UNITED STATES. FOR THE PAST 10 YEARS, EACH OWNER OF THE PROPERTY HAS OPERATED THE FACILITY AS A RESALE DISTRIBUTORSHIP FOR PESTI- CIDES, HERBICIDES AND FERTILIZERS. IN FEBRUARY, 1974, THE PROPERTY WAS PURCHASED BY MR. LARRY EDWARDS OF EDWARDS FARM SUPPLY. IN APRIL, 1974, EDWARDS SOLD THE PROPERTY TO A PARTNERSHIP CALLED AGRO MARKETING, WHOSE PRINCIPLE PARTNER WAS MR. ROBERT TROWBRIDGE. THE BUSINESS VENTURES OF MR. TROWBRIDGE ARE BELIEVED TO HAVE LED TO THE ACCUMULATION OF PRACTICALLY ALL OF THE FARMING CHEMICALS AND FERTILIZERS ON SITE. IN APRIL, 1980, MR. NORMAN WATERS PURCHASED THE PROP- ERTY, AND WITH THE ASSISTANCE OF MR. TROWBRIDGE, MR. WATERS OPERATED THE FACILITY AS A FERTILIZER SALES BUSINESS. ON JULY 14, 1982, MR. THOMAS ITIN ASSUMED THE MORTGAGE ON THE PROPERTY BY WAY OF A NOTE AND SECURITY AGREEMENT WITH THE MORTGAGEE, THE STATE BANK OF NIANTIC. THERE REMAINS A QUESTION AS TO WHETHER THE DEED TO THE PROPERTY WAS EVER SIGNED OVER FROM MR. WATERS TO MR. ITIN. AT THE TIME OF THE IMMEDIATE REMOVAL ACTION, MR. WATERS WAS RECORD OWNER OF THE PROPERTY SUBJECT TO THE INTEREST OF THE MORTGAGEE, THE STATE BANK OF NIANTIC. NORMAN WATERS, THOMAS ITIN, ROBERT TROWBRIDGE, MILTON MORRISON AND LARRY EDWARDS WERE GIVEN ORAL NOTICE OF THE REMOVAL ACTION AND AN OPPORTUNITY TO RESPOND TO THE NOTIFI- CATION BY JUNE 22, 1983. ALL OF THEM DECLINED TO UNDERTAKE THE REMOVAL MEASURES. WRITTEN CONFIRMATION OF THE ORAL NOTIFICATIONS WERE DELIVERED TO ALL OF THE PARTIES. ON-SCENE COORDINATOR, GEORGE MADANY, DETERMINED THAT THE CONTINUED PRESENCE OF WASTE ON SITE REPRESENTED A THREATENED RELEASE OF HAZARDOUS SUBSTANCES UNDER CERCLA. REMOVAL OF WASTE FROM THE FACILITY COMMENCED ON JUNE 20, 1983, AND REMOVAL OPERATIONS WERE COMPLETED ON AUGUST 8, 1983. THE TOTAL AMOUNT OF CERCLA FUNDS SPENT WAS APPROXI- MATELY $126,351.00. APART FROM ANY ACTION UNDERTAK

Defendants (5)

• CROPLAND CHEMICAL CORP.Named in complaintNamed in settlement
• MORRISON COAL CO., INC.Named in complaintNamed in settlement
• MORRISON GRAIN CO., INC.Named in complaintNamed in settlement
• TROWBRIDGE, ROBERTNamed in complaintNamed in settlement
• WATERS, NORMANNamed in complaintNamed in settlement

Facilities (1)

• GEBHART FERTILIZER COMPANY

  MAIN STREET SOUTH OF ICG RR TRACKS, LATHAM, IL, 62543

  Registry ID: 110009283505

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• R.A. TROWBRIDGE & N.R. WATERSentered 1986-10-27

  Primary law: CERCLA

Timeline (9 milestones)

• 1984-05-02Referred To Headquarters
• 1984-09-28Referred To Dept Of Justice
• 1984-09-28Returned To Region
• 1984-11-16Rereferred
• 1985-06-20Complaint Filed With Court
• 1986-10-27Final Order Lodged
• 1986-10-27Final Order Entered
• 1986-10-27Concluded
• 1986-12-01Enforcement Action Closed