EPA v. FISHER-CALO CHEMICALS & SOLVENTS CORP

Case summary

STATUTE AND REGULATION SECTIONS 104 AND 113 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTIONS 9604 AND 9613, AND SECTIONS 3007 AND 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ) AS AMENDED 42 U.S.C. SECTIONS 6927 AND 6928. DEFENDANTS (A) DAVID B. FISHER (B) FISHER-CALO CHEMICALS & SOLVENTS CORPORATION VIOLATIONS (1) BOTH DEFENDANTS HAVE FAILED TO COMPLY WITH INFORMA- TION REQUESTS AS REQUIRED BY CERCLA SECTION 104 AND RCRA SECTION 3007 (2) BOTH DEFENDANTS HAVE REFUSED TO ALLOW ACCESS TO THE SITE TO PERFORM AN RI/FS AS AUTHORIZED BY CERCLA SECTION 104 PROPOSED RELIEF THIS REFERRAL SEEKS AN INJUNCTION REQUIRING THE OWNER AND OPERATOR OF A NATIONAL PRIORITIES LIST SITE TO PRODUCE DOCUMENTS RELATING TO THE OPERATION OF THE SITE, AND TO ALLOW ACCESS TO THE SITE TO PERFORM A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS). MONETARY PENALTIES FOR FAILURETO PROVIDE DOCUMENTS IN A TIMELY FASHION ARE ALSO SOUGHT. NATURE OF CASE DAVID B. FISHER OWNS A LARGE PARCEL OF LAND IN KINGS- BURY, INDIANA. FISHER LEASES A PORTION OF THIS PROPERTY TO THE FISHER-CALO CHEMICALS AND SOLVENTS CORPORATION, A COR- PORATION FISHER STARTED IN 1953, AND HEADS AS PRESIDENT. FISHER-CALO HAS MAINTAINED A WASTE SOLVENT RECLAMATION OPERATION AT THE SITE SINCE APPROXIMATELY 1972. A CONTRAC- TOR HIRED BY FISHER-CALO BURIED DRUMS OF HAZARDOUS WASTE, PRODUCED BY THE SOLVENT RECLAMATION PROCESS, AT THE SITE IN ABOUT 1975. THE DRUMS WERE PUNCTURED AS THEY WERE BURIED. THE BURIED WASTE CONTAMINATED THE GROUDWATER WITH CHLORI- NATED AND OTHER SOLVENTS. UNDER PRESSURE FROM STATE AND FEDERAL LAWSUITS, FISHER-CALO EXCAVATED DRUMS IN 1980, BUT DID NOT PROVIDE THE GOVERNMENT AN OPPORTUNITY TO OBSERVE THE EXCAVATION TO DETERMINE WHETHER ALL CONTAMINATED MATERIAL HAD BEEN REMOVED. THE FEDERAL SUIT SETTLED IN 1982 BY A CONSENT DECREE REQUIRING THE DEFENDANTS TO PERFORM LONG TERM GROUNDWATER MONITORING TO CONFIRM THAT ALL MATERIAL SERVING AS A SOURCE OF GROUNDWATER CONTAMINATION HAD BEEN REMOVED. THE STATE OF INDIANA, HOWEVER, PROPOSED THE SITE FOR THE NATIONAL PRIORITIES LIST ( NPL ) DUE TO CONCERN THAT THE SOURCE OF THE CONTAMINATION MAY NOT HAVE BEEN FULLY REMEDIED BY FISHER-CALO. THE SITE WAS PLACED ON THE NPL IN SEPTEMBER 1983. THREE YEARS OF GROUNDWATER MONITORING DATA COLLECTED BY FISHER-CALO PURSUANT TO THE CONSENT DECREE HAS DEMONSTRATED THAT THE SOURCE OF THE GROUNDWATER CONTAMINATION HAD NOT BEEN FULLY REMOVED. IN RESPONSE, THE UNITED STATES ENVIRON- MENTAL PROTECTION AGENCY, REGION V ( EPA ) SCHEDULED THE SITE FOR AN EVALUATION OF FURTHER REMEDIAL ACTION ALTER- NATIVES IN 1984. THE EPA SENT A COMBINED NOTICE LETTER AND INFORMATION REQUEST LETTER TO FISHER-CALO ON MAY 16, 1985, TO INITIATE FURTHER ACTION TO ADDRESS THE CONTINUING SOURCE OF GROUND- WATER CONTAMINATION AT THE SITE. THAT LETTER NOTIFIED FISHER-CALO OF EPA'S INTENT TO PROCEED WITH A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY (RI/FS) TO SELECT A REMEDY FOR THE PROBLEM, OFFERED FISHER-CALO THE OPPORTUNITY TO CONDUCT THE RI/FS ITSELF BY AGREEMENT WITH EPA, AND REQUIRED THE COMPANY TO PRODUCE CERTAIN DOCUMENTS CONCERNING THE SITE WITHIN THIRTY DAYS. THE EPA SENT A NEARLY IDENTI- CAL LETTER TO DAVID B. FISHER AS AN

Defendants (2)

• FISHER, DAVID B.
• FISHER-CALO CHEMICALS & SOLVENTS CORPNamed in complaintNamed in settlement

Facilities (1)

• FISHER CALO CHEMICALS & SOLVENTS

  1 KINGSBURY INDUSTRIAL PARK ROAD, KINGSBURY, IN, 46345

  Registry ID: 110002043967

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• CERCLA 104E3 — Entry Access
• CERCLA 107 — Superfund
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• FISHER CALO CHEMICALS & SOLVENentered 1988-12-09

  Primary law: CERCLA

Timeline (7 milestones)

• 1986-05-14Referred To Dept Of Justice
• 1987-06-23Complaint Filed With Court
• 1988-12-09Final Order Lodged
• 1988-12-09Final Order Entered
• 1988-12-09Concluded
• 1997-06-30Enforcement Action Closed
• 1997-08-28Enforcement Action Data Entered