EPA v. SELMER COMPANY

Case summary

1. LEGAL BASIS FOR PROPOSED ACTION: SECTIONS 104, 106, AND 107 OF CERCLA OF 1980, 42 U.S.C. SECTIONS 9604, 9606, AND 9607, AS AMENDED BY THE SARA OF 1986, PUB. L. NO. 99-499. 100 STAT. 1613 (1986). 3. LIABILITY OF DEFENDENTS: DEFENDANT, THE SELMER CO., AS THE CURRENT OWNER OF A FACILITY FROM WHICH HAZARDOUS SUB- STANCES HAVE BEEN AND CONTINUE TO BE RELEASED INTO THE EN- IRONMENT, IS LIABLE FOR RESPONSE COSTS INCURRED BY U.S.EPA IN CONNECTION WITH A PROERTY LOCATED AT 500 INDUSTRIAL PARKWAY IN ELKHART, INDIANA (THE SITE), AND FOR EQUITABLE RELIEF TO ABATE THE THREAT WHICH THEY MAY POSE. DEFENDANT, MACMILLIAN, INC, IS LIABLE AS A PERSON WHO AT THE TIME OF DISPOSAL OF A HAZARDOUS SUBSTANCE OWNED OR OPERATED THE SITE. NORTH AMERICAN PHILLIPS CORPORATION MAY BE LIABLE BECAUSE SELMER WAS ONE OF ITS DIVISOINS AT A TIME THAT EPA MAY HAVE INCURRED SOME OF ITS REMOVAL COSTS. 4. PROPOSED RELIEF: U.S. EPA SEEKS RECOVERY OF ALL COSTS INCURRED BY U.S. EPA TO DATE IN RESPONDING TO THE RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE. ITS COSTS ARE APPROXIMATELY $569,000, THROUGH MARCH, 1988. IT ALSO SEEKS DECLARATORY RELIEF AS TO ALL FUTURE COSTS AND AN EQUITABLE ORDER REQUIRING A STUDY AND CLEANUP. 7. EVIDENCE OF LIABILITY: SAMPLING CONDUCTED BY U.S. EPA AND THE STATI OF INDIANA DETERMINED THAT TRICHOLORETHYLENE (TCE) AS WELL AS OTHER VOLATILE ORGANIC COMPOUNDS WERE PRE- SENT IN THE GROUNDWATER IN THE GENERAL VICINITY OF THE SELMER PLANT LOCATE AT 500 INDUSTRIAL PARKWAY, ELKHART, IN. SELMER'S JUNE 21, 1988 RESPONSE TO U.S. EPA'S CERCLA SECTION 104(E) INFORMATION REQUESTS STATED THAT AN UNDETER- MINED AMOUNT OF TCE HAD BEEN RELEASED BEHIND THE PLANT AND POURED INTO A SUMP HOLE ON THE SELMER PROPERTY ON A WEEKLY BASIS BETWEEN 1970 AND 1974. MACMILLAN'S LIABILITY IS PREDICATED UPON AFFIDAVITS OF TWO FORMER EMPLOYESS OF C.G. CONN, LTD., THAT DURING THE TIME WHICH THE FACILITY WAS OWNED AND OPERATED BY C.G. CONN, LTD., AND MACMILLAN, TCE WAS USED AT THE FACILITY AND DISPOSED OF BY POURING IT DOWN THE FLOOR DRAINS AND EMPTYING IT FROM DRUMS AND BARRELS INTO A MARSHY AREA IMMEDIATELY BE- HIND THE FACILITY. MERGER IN DOCUMENTS INDICATE THAT MACMILLAN ASSUMED ALL OF CONN'S LIABILITIES. 7. DATE REFERRAL REQUEST APPEARED NECESSARY: UP UNTIL MARCH 17, 1989 REGION V HAD BELIEVED THAT SELMER WOULD ENTER INTO AN ADMINISTRATOVE CONSENT ORDER WHEREBY IT WOULD PAY A PORTION OF THE PAST COSTS ASSOCIATED WITH ONE PLUME AND THAT IT WOULD SIGN A TOLLING AGREEMENT AS TO PAST COSTS ASSOCI- ATED WITH ANOTHER PLUME. ON MARCH 17, 1989, HOWEVER, SELMER REPRESENTATIVES ADVISED OTHERWISE. THOUGH THERE IS SOME UNCERTAINTY AS TO THE DATE THAT THE APPLICABLE LIMITATIONS PERIOD COMMENCED, TO AVOID THE POSSIBILITY OF BEING BARRED FROM THE RECOVERY OF REMOVAL COSTS, AN ACTION MUST BE FILED BY MAY 30, 1989.

Defendants (3)

• MACMILLAN, INC.Named in complaintNamed in settlement
• NORTH AMERICAN PHILLIPS CORPORATIONNamed in complaintNamed in settlement
• SELMER COMPANY, L.P.Named in complaintNamed in settlement

Facilities (1)

• SELMER CO INC

  500 INDUSTRIAL PKWY, ELKHART, IN, 465150310

  Registry ID: 110000398837

Statutes cited

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

Enforcement conclusions (1)

• SELMER COMPANYentered 1993-09-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1986-01-01Enforcement Action Data Entered
• 1989-05-08Referred To Dept Of Justice
• 1989-07-31Complaint Filed With Court
• 1993-09-28Final Order Lodged
• 1993-09-28Final Order Entered
• 1993-09-28Concluded
• 1994-09-15Enforcement Action Closed