EPA v. UNITED TECHNOLOGIES/AMERICAN WASTE PROCESSING

Case summary

THIS IS A CIVIL ACTION BROUGHT BY THE U.S. PURSUANT TO SECT 106 AND 107 OF CERCLA, 42 USC SECTS 9606 AND 9607. THE U.S. SEEKS IMPLEMENTATION OF THE REMEDY IN THE SEPTEMBER 25, 1987, RECORD OF DECISION (ROD) AND REIMBURSEMENT OF REMOVAL AND REMEDIAL ACTION COSTS INCURRED BY THE U.S. AT THE ENVIRO NMENTAL CONSERVATION & CHEMICAL CORP. ( ECC OR ENVIROCHEM ) SITE. THE ENVIROCHEM SITE IS LOCATED IN BOONE COUNTY, INDIANA, ABOUT TEN MILES NORTHWEST OF INDIANAPOLIS ON U.S. HIGHWAY 421 NEAR ZIONSVILLE, INDIANA. ECC IS THE SURVIVING CORP. OF THE MERGER ON MARCH 1, 1980, OF TECHNOSOLVE, INC AND ENVIRO- CHEM. ECC BEGAN OPERATION AT THE SITE IN AUGUST OF 1977, AND ENGAGED IN THE RECOVERY, RECLAMATION AND BROKERING OF PRIMARY SOLVENTS, OILS AND OTHER WASTES RECEIVED FROM INDUS- TRIAL CLIENTS. WASTE PRODUCTS WERE RECEIVED IN DRUMS FROM BULK TANKERS, STORED, AND THEN PREPARED FOR SUBSEQUENT RECLA MATION OR DISPOSAL. THE SITE BECAME INACTIVE IN THE SPRING OF 1982. ON SEPTEMBER 22, 1982, THE INDIANA STATE BD OF HEALTH AND THE USEPA INSPECTED ECC AND DISCOVERED APPROXIMATELY 25,000 DRUMS AND 56 BULK STORAGE TANKS ON THE SITE. SAMPLES TAKEN BY THE INSPECTORS INDICATED THAT THE WASTES STORED THERE IN- CLUDED ACETONE, 1,1,1, TRICHLOROETHANE, METHYL ETHYL KETONE, TRICHLOROETHYLENE, METHYL IPSO-BUTYL KETONE, TOLUENE, XYLENE CADMIUM, CHROMIUM, LEAD, NICKEL, MERCURY, METHYLENE CHLORIDE AND ETHYL BENZENE, IN ADDITION TO OTHER CHEMICALS, COMPOUNDS AND MINERALS. THE INSPECTIONS ALSO DISCOVERED A SUBSTANTIAL QUALITY OF CONTAMINATED WASTE ON SITE, INCLUDING A COOLING WASTE POND WITH AN ESTIMATED VOLUME OF ONE MILLION GALLONS, AND LARGE PONDED AREAS IN THE DRUM STORAGE PORTION OF THE SITE. AN UNNAMED DITCH RUNS SOUTH ALONG THE EASTERN BOUNDRY OF THE SITE AND CONVERGES ABOUT 1000 FEET DOWNSTREAM INTO FIN- LEY CREEK. SAMPLES TAKEN FROM THE DRAINAGE WAY SHOW THAT IT IS CONTAMINATED WITH METHYLENE CHLORIDE, DICHLOROETHANE, METHYL ETHYL KETONE, COPPER, MERCURY, LEAD AND NICKEL. ONE- HALF MILE SOUTHWEST OF THE SITE, FINLEY CREEK CONVERGES WITH EAGLE CREEK WHICH THEN FLOWS SOUTH INTO THE EAGLE CREEK RE- SERVIOR WHICH IS THE MAJOR SOURCE OF DRINKING WATER FOR THE INDIANAPOLIS AREA. IN 1983, USEPA BROUGHT A CIVIL SUIT AGAINST 283 POTENTIAL- LY RESPONSIBLE PARTIES (PRPS) FOR AN IMMEDIATE RESPONSE AC- TION AND ASSOCIATED RESPONSE COSTS AT THE ENVIROCHEM HAZAR- DOUS WASTE SITE. IN SEPTEMBER, 1983, APPROXIMATELY 250 DEFE NDANTS SIGNS A PARTIAL CONSENT DECREE AGREEING TO UNDERTAKE AN IMMEDIATE REMOVAL, AND TO PAY USEPA A PORTION OF ITS COSTS INCURRED OF THAT DATE. THAT ACTION IS CURRENTLY PEND- ING. IN SEPTEMBER 1983, THE ENVIROCHEM SITE WAS ALSO PLACED ON THE NAT'L PRIORITY LIST OF HAZARDOUS WASTE SITES (NPL). THE PRPS WHO ARE THE SUBJECT OF THIS REFERRAL WERE NOT IDENTIFIED AT THE TIME THE PENDING LAW SUIT WAS FILED. RE- REGION V HAS BEEN NEGOTIATING AN OVERALL SETTLEMENT WITH THESE NEW PRPS AS WELL AS THOSE ALREADY NAMED IN THE CASE. A POSSIBLE STATUTE OF LIMITATIONS DEFENSE MAY ALREADY BE RAISED BY THE PRPS WHO ARE NOT SUED BY JULY 18, 1988. HOW- EVER, MOST OF THESE SIGNED A TOLLING AGREEMENT. THIS REFER- RAL PROPOSES TO FILE SUIT AGAINST THE IDENTIFIED PRPS WHO HAVE FAILED TO SIGN OUR TOLLING AGREEMENT AND WHO SENT AT LEAST 5,000 GALLONS OF HAZARDOUS MATERIAL TO THE SITES. A REMEDIAL INVESTIGATION (RI) AND FEASIBILITY STUDY (FS) WAS COMPLETED FOR THE SITE IN DECEMBER 1986. A STUDY ENTIT- LED COMBINED ALTERNATIVE ANALYSIS (CAA) IDENTIFIED A REMEDY COVERING BOTH ECC AND AN ADJACENT NPL SITE, THE NORTHSIDE SANITARY LANDFILL ( NSL OR NORTHSIDE ). ON SEPTEMBER 25, 1987, THE EPA REGION V SIGNED A RECORD OF DECISION, DESIGNATING ONE REMEDIAL

Defendants (216)

• PIONEER METAL FINISHINGNamed in complaintNamed in settlement
• UNITED TECHNOLOGIES AUTOMOTIVENamed in complaintNamed in settlement
• LAKEVIEW MEDICAL CENTERNamed in complaintNamed in settlement
• LEADER INDUSTRIES, INC.Named in complaintNamed in settlement
• LORANGER MFG. CORPORATIONNamed in complaintNamed in settlement
• MAGNAVOX GOV'T & INDUSTRIAL ELECTRONICSNamed in complaintNamed in settlement
• MAGNETIC PERIPHERALS INC.Named in complaintNamed in settlement
• MAGNODE CORP.
• MANUS PRODUCTS MINNESOTA, INC.Named in complaintNamed in settlement
• MARATHON PETROLEUM COMPANYNamed in complaintNamed in settlement
• MARCUS PAINT COMPANY
• MARK CONTROLS CORP. (POWERS-FIAT)Named in complaintNamed in settlement
• MARPAT DISPLAY, INC.
• SANITARY ENGINEERING LABORATORIESNamed in complaintNamed in settlement
• SCOTT FETZER COMPANYNamed in complaintNamed in settlement
• SEAWAY MFG. CORPORATIONNamed in complaintNamed in settlement
• SHELLER-GLOBE CORPORATIONNamed in complaintNamed in settlement
• SHERWIN-WILLIAMS COMPANYNamed in complaintNamed in settlement
• SHERWOOD MEDICAL COMPANYNamed in complaintNamed in settlement
• SIDCO INDUSTRIESNamed in complaintNamed in settlement
• UNION STEEL PRODUCTS, INC.Named in complaintNamed in settlement
• UNISYSNamed in complaintNamed in settlement
• UNITED HOSPITAL INC.Named in complaintNamed in settlement
• UNITED PARCEL SERVICENamed in complaintNamed in settlement
• UNITOG RENTAL SERIVCESNamed in complaintNamed in settlement
• …and 191 more

Facilities (1)

• ENVIROCHEM CORPORATION

  865 SOUTH STATE ROAD 421, ZIONSVILLE, IN, 46077

  Registry ID: 110006005241

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• UNITED TECHNOLOGIES/AMERIentered 1990-09-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-06-02Enforcement Action Data Entered
• 1988-06-29Referred To Dept Of Justice
• 1988-07-18Complaint Filed With Court
• 1990-09-28Final Order Lodged
• 1990-09-28Final Order Entered
• 1990-09-28Concluded
• 1997-09-22Enforcement Action Closed