EPA v. BEDFORD INDUSTRIES

Case summary

NATURE OF THE CASE: THE CHROMIC ACID TANK AT THE NOVACO FACILITY LEAKED AN UN KNOWN QUANTITY OF CHROMIC ACID INTO THE GROUNDWATER ON OR BE FORE JUNE 13, 1979. WITHIN 24 DAYS FOLLOWING NOVACO'S DETEC TION OF THE LEAK, CHROMIUM WAS DISCOVERED IN BOTH NOVACO'S WELL AND THE DOWN GRADIENT (WEST) VFW POST WELL. FROM JULY TO NOVEMBER 1979, NOVACO EXTRACTED GROUNDWATER FROM THE VFW AND THEIR OWN WELL. APPROXIMATELY 122,000 GAL- LONS OF CONTAMINATED GROUNDWATER WAS EXTRACTED AND TREATED ON SITE USING A CHEMICAL REDUCTION PROCESS. THIS OPERATION WAS DISCONTINUED BY NOVACO BEFORE ALL THE CHROMIUM WAS REMO- VED FROM THE AQUIFER, APPARENTLY WHEN INSURANCE FUNDING OF THE OPERATION RAN OUT. BETWEEN 1979 AND 1981, THE MICHIGAN DEPT. OF NATURAL RE- SOURCES (MDNR) AND THE MONROE COUNTY HEALTH DEPT. MONITORED THE GROUNDWATER. CHROMIUM CONCENTRATIONS IN THE WELLS GENE- RALLY DECREASED AND NO NEW WELLS BECAME CONTAMINATED. HEXA- VALENT CHROMIUM CONCENTRATIONS UP TO 940,000 UG/1 WERE MEA- SURED, WELL OVER THE FEDERAL DRINKING WATER MAXIMUM CONTAMI- NANT LEVEL (MCL) OF 50 UG/1. THE NOVACO SITE WAS PLACED ON THE NAT'L PRIORITIES LIST (NPL) IN SEPT. 1983, RANKING IN GROUP 7. THE REMEDIAL INVES TIGATION (RI) FIELD WORK WAS CONDUCTED DURING 1984-85. NOTICE LETTERS AND INFORMATION REQUESTS WERE SENT TO DAR- REL BROOKS JUNE 14, AUGUST 23, AND NOVEMBER 7, 1985. SOME TELEPHONE CALLS WERE GENERATED BY THESE LETTERS, BUT NO FOR- MAL RESPONSES WERE RECEIVED & NO EXTENSIONS TO THE RESPONSE DATE WERE GRANTED. IN FEBRUARY 1986, A MEETING WAS SET WITH MR. BROOKS TO DISCUSS THE SITE, BUT MR. BROOKS FAILED TO AP- PEAR AT THE MARCH 3, MEETING. NOTICE LETTERS AND INFORMA- TION REQUESTS WERE SENT TO TMI INDUSTRIES, BEDFORD INDUS- TRIES, NOVACO, AND AGAIN TO MR. BROOKS IN MAY 1986. THE RI WAS PUBLISHED ON JAN. 1, 1986, AND THE FEASIBILITY STUDY PUBLISHED ON APRIL 9, 1986. IN JUNE 1986, THE RECORD OF DECISION (ROD) WAS SIGNED BY THE RA. THE ARMY CORPS OF ENGINEERS IS HANDLING THE REMEDIAL ACTIVITIES. BETWEEN JAN. 17 AND JAN. 28, 1989, USEPA ISSUED A NEW SET OF INFORMATION REQUESTS TO NOVACO, TMI, BEDFORD INDUSTRIES, INC., AP INDUSTRIES AND DARREL BROOKS. THESE PARTIES WERE GIVEN 30 DAYS TO RESPOND TO THE REQUESTS AND ALL BUT AP FAIL ED TO DO SO. AP INDUSTRIES WAS A CORPORATION MISTAKENLY IDENTIFIED AS A PARENT COMPANY TO TMI. ON MARCH 1, 1989, A FOLLOW-UP LETTER WAS SENT TO THE REMAINING PARTIES VIA OVER- NIGHT MAIL REMINDING THE PARTIES THAT PENALTIES FOR NONCOM- PLIANCE WITH CERCLA 104E INFORMATION REQUESTS COULD BE ASSES SED FOR UP TO $25,000 PER DAY. ON MARCH 8, 1989, TERRY PAR- SIL CALLED THE ASST. RC ASSIGNED TO THE CASE TO REQUEST 2 WEEKS TO PROVIDE THE RESPONSE TO TMI. CAUSE OF ACTION: USEPA SEEKS THE RECOVERY OF APPROXIMATELY $750,000 EXPEN- DED AT THE SITE PURSUANT TO SECT 107 OF CERCLA, 42 USC SECT 9607. THE RECOMMENDED DEFENDANTS INCLUDE THE THREE OWNER/ OPERATORS OF THE SITE. THE STATUTE OF LIMITATIONS FOR REMO- VAL ACTIONS COULD EXPIRE FOR THE COSTS TO DATE ON APRIL 9, 1989, 3 YEARS AFTER THE FEASIBILITY STUDY PUBLICATION. U.S. EPA ALSO SEEKS CIVIL PENALTIES FOR NONCOMPLIANCE WITH CERCLA 104E INFORMATION REQUESTS AND A DECLARATORY JUDGMENT ON LIA- BILITY FOR FUTURE COSTS PURSUANT TO CERCLA 113(G2). PROPOSED REMEDY: THE REMEDY SOUGHT IN THIS ACTION IS THE REIMBURSEMENT OF ALL RESPONSE COSTS EXPENDED BY THE USEPA TO DATE FOR THE NOVACO SITE. WE ALSO SEEK CIVIL PENALTIES OF UP TO $25,000 A DAY FOR NONCOMPLIANCE WITH 104E REQUESTS AND A DECLARATORY JUDGEMENT ON LIABILITY FOR ANY FUTURE COSTS EXPENDED AT THE NOVACO SITE. ISSUES OF NAT'L OR PRECEDENTIAL I

Defendants (5)

• BEDFORD INDUSTRIES, INC.,Named in complaintNamed in settlement
• DARRYL BROOKS, FORMER OPERATORNamed in complaintNamed in settlement
• PARSIL, GLEN
• PARSIL, TERRY
• TMI INDUSTRIES, INC.

Facilities (1)

• NOVACO INDUSTRIES INC

  9411 SUMMERFIELD RD, TEMPERANCE, MI, 48182

  Registry ID: 110003606081

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• BEDFORD INDUSTRIESentered 1991-06-01

  Primary law: CERCLA

Timeline (7 milestones)

• 1979-06-13Enforcement Action Data Entered
• 1989-03-29Referred To Dept Of Justice
• 1989-04-06Complaint Filed With Court
• 1991-06-01Final Order Lodged
• 1991-06-01Final Order Entered
• 1991-06-01Concluded
• 1991-06-01Enforcement Action Closed