EPA v. PREMIER CHEMICAL

Case summary

SUPERFUND EMERGENCY REMOVAL AT SITE IN GARY, IN. SMALL WAREHOUSE-LIKE FACILITY WITH APPROXIMATELY 40 DRUMS OF UNKNOWN SUBSTANCE. SOME POTENTIALLY FLAMMABLE ITEMS AND LITTLE OR NO SITE SECURITY. THIS IS A CLOSED AND UNUSED CHEMICAL FACILITY IN THE CITY OF GARY, INDIANA. THE OWNER, MS JANA R. BRYANT, INHERITED THE SITE FROM HER FATHER (THE PREVIOUS OWNER/OPERATOR) WHO HAD OPERATED A CHEMICAL PRODUCTION ACTIVITY FOR A NUMBER OF YEARS, AND THEN SHUT DOWN. MS. BRYANT IS THE ONLY PRP. MS. BRYANT PROVED TO BE INITIALLY DIFFICULT TO CONTACT AND TO DISCUSS THE SITE WITH. SHE VERBALLY AND LATER, IN WRITING, COMMITTED TO PERFORMING A CLEAN UP.(THE HAZARDOUS MATERIAL, OF CONCERN ARE TRICHLOROPHY, HYDROCHORIC ACID AND OTHER SOLVENTS). HOWEVER, NO ACTION WAS TAKEN AND SHE DID NOT SIGN AN ADMINISTRATIVE ORDER ON CONSENT THAT WAS SENT TO HER IN MAY, 1998. IN JULY, 1998, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO). SUBSEQUENTLY, MS. BRYANT MET WITH EPA AND AGREED TO ARRANGE FOR A REMOVAL. EPA IS AWAITING FINALIZATION OF THIS REMOVAL, BUT IS PREPARED TO PERFORM IT WITH CERCLA MONIES.

Defendants (1)

• JANA RENEE BRYANTNamed in settlement

Facilities (1)

• PREMIER CHEMICAL CORPORATION OF AMERICA

  5735 WEST 5TH AVENUE, GARY, IN, 46401

  Registry ID: 110009350040

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• PREMIER CHEMICALentered 1998-07-17

  Primary law: CERCLA

Timeline (3 milestones)

• 1998-04-13Enforcement Action Data Entered
• 1998-07-17Final Order Issued
• 2001-04-30Enforcement Action Closed