EPA v. REUTGERS-NEASE CHEMICAL CO., INC.

Case summary

THE SITE (ALSO KNOWN AS NEASE CHEMICAL) IS LOCATED APPROXIMATELY ONE MILE NORTH OF THE CITY OF SALEM, OHIO. IT IS APPROXIMATELY 44 ACRES IN SIZE AND BORDERED BY ROUTE 14A ON THE SOUTH, RESIDENCES TO THE SOUTHWEST OF THE SITE, AND WOODED AREAS AND PASTURE TO THE NORTH. ALONG THE NORTH-EASTERN BOUNDARY ARE LIGHT INDUSTRIAL OPERATIONS, INCLUDING CRANE-DEMMING WHICH FRONT ALLEN ROAD. CONTAMINATION HAS SPREAD INTO SOME OF THESE BORDERING AREAS. THE SITE IS INTERSECTED BY RAILROAD TRACKS OWNED BY CONRAIL. A FEEDER CREEK DRAINS THROUGH THE SITE TO THE NORTH-EAST AND THEN ENTERS THE MIDDLE FORK LITTLE BEAVER CREEK NEAR ALLEN ROAD, APPROXIMATELY A QUARTER OF A MILE BEYOND THE NEASE CHEMICAL PROPERTY. NEASE CHEMICAL COMPANY PRODUCED CHEMICALS AT THE SITE FROM 1961 UNTIL 1973. CHEMICALS INCLUDED HOUSEHOLD CLEANING COMPOUNDS, PESTICIDES, FIRE RETARDANTS, INCLUDING MIREX, AND CHEMICAL INTERMEDIATES WHICH WERE PRODUCED THROUGH BATCH PROCESSES. WASTE HANDLING FACILITIES INCLUDED: AIR SCRUBBERS, MULTIPLE POND/SETTLING TANK SYSTEM TO NEUTRALIZE AND TREAT ACIDIC WASTE; 5 UNLINED LAGOONS FOR TREATMENT OF ACIDIC OR LIME SLURRIES; A PIPELINE TO SEND WASTE TO THE SALEM WASTEWATER TREATMENT PLANT (POTW); AND DISPOSAL AREAS FOR 55 GALLON BARREL DRUMS. NEASE DISCONTINUED DISCHARGE TO THE SALEM POTW AFTER ENFORCEMENT ACTION BY THE STATE OF OHIO IN 1973. IN 1977 NEASE CHEMICAL COMPANY MERGED WITH RUETGERS CHEMICALS, INC., TO FORM RUETGERS-NEASE CHEMICAL COMPANY, INC. SINCE 1982 VARIOUS ENVIRONMENTAL INVESTIGATIONS HAVE OCCURRED. IN 1983, THE SITE WAS PLACED ON THE CERCLA NATIONAL PRIORITY LIST (NPL). THE SITE CONSISTS OF A WAREHOUSE, 2 CONCRETE BLOCK BUILDINGS, CONCRETE PADS, TILE FLOORS REMAINING FROM THE MANUFACTURING FACILITIES (REMOVED), TANK SADDLES, AND POND AREAS. AN ADMINISTRATIVE CONSENT ORDER WAS ENTERED ON JANUARY 27, 1988 BETWEEN EPA, OEPA AND RUETGERS-NEASE FOR THE COMPANY TO PERFORM AN RI/FS. PRIOR TO THE RI START COMPOUNDS SUCH AS CHLOROFORM, TRICHLOROETHENE, BENZENE, TOLUENE, CHLOROBENZE, MIREX HAD BEEN FOUND AT THE SITE. OTHER CHEMICALS OF CONCERN AT THE SITE HAVE INCLUDED KEPONE. INFORMATION HAS COME TO LIGHT SINCE COMMENCEMENT OF THE RI/FS THAT NEASE MAY HAVE TAKEN HUNDREDS OF LOADS FROM A SISTER SITE IN STATE COLLEGE, PA. AND DISPOSED OF THEM AT THE SALEM, OHIO FACILITY AFTER PENNSYLVANIA OFFICIALS TOOK ENFORCEMENT ACTION AROUND 1972. MUCH OF THESE WASTES MAY HAVE BEEN PUT INTO THE WASTEWATER TREATMENT SYSTEM THAT DISCHARGED TO THE SALEM POTW. ACCORDING TO PENNSYLVANIA RECORDS, WASTES WERE SHIPPED TO OHIO BETWEEN 1972 TO 1975, AND AT TIMES 1 LOAD EVERY OTHER DAY. STATE COLLEGE FACILITY ALSO MANUFACTURED KEPONE AND MIREX AND WAS A VERY SIMILAR OPERATION ACCORDING TO RUETGERS-NEASE ENVIRONMENTAL MANAGER, STEVE FOARD. THE STATE COLLEGE FACILITY IS ALSO A SUPERFUND SITE. ANIMAL TISSUE AND HUMAN BLOOD SAMPLES BY THE OHIO DEPARTMENT OF HEALTH OF SALEM RESIDENTS HAVE FOUND LEVELS OF MIREX PRESENT. 1/3 OF THOSE SALEM RESIDENCES SAMPLED BY THE DOH HAD DETECTABLE LEVELS OF MIREX PRESENT (0.25 TO 2.2 PPB) IN THEIR BLOOD. ?AKRON BEACON 5/22/90? SINCE INITIATION OF THE RI/FS A DISPUTE AROSE OVERPAYMENT OF THE FIRST OVERSIGHT BILL, AND LATER AN ACCESS PROBLEM AROSE REGARDING THE CRANE-DEMING FACILITY WHICH IS IN LITIGATION WITH NEASE. SEE RELATED DOCKET REFERRAL FOR ACCESS. THE DISTRICT COURT ISSUED ENTRY OF AN ORDER GRANTING ACCESS. THE DELAY IN ACCESS, HOWEVER, CAUSED RUETGERS TO INVOKE FORCE MAJEURE UNDER THE ORDER AND AN EXTENSION OF TIME WAS GRANTED.

Facilities (1)

• RUETGERS-NEASE CORPORATION

  BENTON ROAD, ROUTE 14A, SALEM, OH, 444600000

  Registry ID: 110008470029

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (3 milestones)

• 1988-01-27Complaint Filed/Proposed Order
• 1988-01-27Final Order Issued
• 1996-02-26Enforcement Action Closed