EPA v. BASF (INMONT CORPORATION)

Case summary

THE USEPA, REGION V, IS HEREBY TRANSMITTING A MINI-LITIGA- TION REPORT FOR NEGOTIATIONS AT THE THERMO CHEM SUPERFUND SITE LOCATED MUSKEGON, MI. - THE SITE WAS OPERATED AS A SOLVENT AND CHEMICAL WASTE RE- PROCESSING, REFINING, AND INCINERATION FACILITY FROM 1969 UNTIL AUGUST 1980. HALOGENATED AND NONHALOGENATED SOLVENTS, PAINT WASTES, AND ANTIFREESE RECEIVED AT THE SITE WERE DISTILLED TO REGENERATE USABLE SOLVENTS. UNRECOVERABLE MATERIALS WERE REPORTEDLY INCINERATED ON-SITE, AS WERE PRO- CESSING BY-PRODUCTS SUCH AS SLUDGES AND RESIDUES. WASTE- WATER GENERATED FROM THE DISTILLATION AND EQUIPMENT CLEANING PROCESS WAS DISCHARGED INTO A SERIES OF 3 INTERCONNECTED LAGOONS. HAZARDOUS SUBSTANCES WERE ALSO STORED IN UNDER- GROUND STORAGE TANKS AT THE SITE. - THE SITE CONSISTS OF 2 PROPERTIES, BOTH OWNED AND CONTROLLED BY THE THOMAS SOLVENT COMPANY. THE NORTHERN PROPERTY, OPERATED BY A DIVISION OF THOMAS SOLVENT COMPANY, SERVED AS A TRANSACTION POINT FOR HAZARDOUS SUBSTANCES, POLLUTANTS AND CONTAMINANTS COMING TO AND FROM THE SITE. THE SOUTHERN PROP ERTY, OPERATED BY SUBSIDIARY, CONTAINED THE LABORATORY, RE- CYCLING AND INCINERATION OPERATIONS. - HIGH CONCENTRATIONS OF ORGANIC AND INORGANIC CONTAMINANTS HAVE BEEN DETECTED IN THE SOILS AND GROUNDWATER AT THE SITE INCLUDING 1,2-DICHLOROETHENE, 1,2-DICHLOROETHANE, 1,1,1-TRI- CHLOROETHANE, TRICHLOROETHENE, TOLUENE, ETHYLBENZENE, XYLENES, AND PCB/PESTICIDES. - APPROXIMATELY 400 PARTIES HAVE BEEN IDENTIFIED AS PRPS AT THE SITE UNDER SECTION 107 OF CERCLA. 72 PRPS AGREED TO CON DUCT A RI/FS AT THE SITE UNDER A CONSENT ORDER WHICH SPECIFICALLY EXCLUDED WORK AT THE NORTHEREN PROPERTY. USEPA CONDUCTED A TECHNICAL ASSISTANCE STUDY ON THE NORTHERN PROP- ERTY. ALTHOUGH THE SIGNATORIES TO THE RI/FS CONSENT ORDER AGREED TO PAY ALL PAST AND DEFINED OVERSIGHT COSTS, THEY HAVE UNTIMELY PAID ONLY A PORTION OF SUCH COSTS. THE COSTS OF 2 REMOVAL ACITONS AS WELL AS THE COSTS OF THE TECHNICAL ASSISTANCE ARE ALSO OUTSTANDING. A UNILATERAL ORDER UNDER CERCLA SECTION 106 WAS ISSUED TO 20 PRPS FOR THE 2ND REMOVAL USEPA'S PROPOSED REMEDY WILL COST APPROX. 24.3 MILLION DOLLARS. - USEPA PLANS TO ISSUE A RECORD OF DECISION IN 9/91, AND TO SEND SPEICAL NOTICE LETTERS TO OVER 300 PRPS SHORTLY THERE- AFTER. USEPA ANTICIPATES NEGOTIATING WITH IDENTIFIED PRPS FOR PERFORMANCE OF THE ENTIRE REMEDY AND PAST AND FUTURE COSTS. USEPA MAY CONSIDER ENTERING INTO A SEPARATE DE MINI- MIS SETTLEMENT FOR A PORTION OF OUTSTANDING COSTS; AND WILL SEEK PENALTIES AND INTEREST FORM RECALCITRANT CERCLA SECTION 106 ORDER RECIPIENTS AND RI/FS CONSENT ORDER SIGNATORIES. IF USEPA DOES NOT RECEIVE A GOOD FAITH OFFER ADDRESSING THE ENTIRE SITE BY DAY 60 OF THE NEGOTIATION MORATORIUM, USEPA ISSUE A UNILATERAL ORDER FOR ALL OR PART OF THE REMEDY. - WE ARE REFERRING THIS MATTER TO DOJ FOR PRE-REFERRAL NEGOTIA TIONS RELATING TO OPERABLE UNIT 1 AT THE SITE.

Defendants (1)

• A S & P MANUFACTURINGNamed in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

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

Enforcement conclusions (1)

• BASFentered 1999-12-22

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-12-02Enforcement Action Data Entered
• 1991-08-30PRN Sent
• 1999-06-11Final Order Lodged
• 1999-06-11Referred To Dept Of Justice
• 1999-06-11Complaint Filed With Court
• 1999-12-22Final Order Entered
• 2000-01-24Concluded
• 2000-01-24Enforcement Action Closed