EPA v. ORGANIC CHEMICALS INC. NPL SITE ( OCI )

Case summary

06/30/98: CERCLA  122(E) SPECIAL NOTICE AND DEMAND LETTER SIGNED BY USEPA AND MAILED TO PRPS ON ATTACHED LIST. 08/04/98: USEPA HOLDS MEETING IN CHICAGO FOR PRPS. 09/10/98: USEPA RECEIVES SOME OFFERS AND EXPRESSIONS OF INTEREST TO SETTLE FROM CERTAIN PARTIES. RD/RA & COST RECOVERY NEGOTIATIONS ONGOING. THE ORGANIC CHEMICALS, INC. SITE IS APPROXIMATELY 5 ACRES LARGE. PETROLEUM REFINING WAS DONE ON THE SITE DURING WWII, AND FROM 1945 UNTIL 1966, A PETROLEUM DISTRIBUTION BUSINESS WAS OPERATED ON THE SITE. ORGANIC CHEMICALS, INC., OPERATED BOTH A SOLVENT RECLAMATION AND SPECIALTY CHEMICALS MANUFAC- TURING BUSINESS ON THE SITE COMMENCING IN 1968, AND CLOSING IN 1991. THE OCI SITE WAS LISTED ON THE NATIONAL PRIORITIES LIST IN 1983. EXTENSIVE RELEASES OF HAZARDOUS SUBSTANCES TO THE SOIL AND GROUNDWATER OCCURRED AT THE SITE FROM OCI'S SOLVENT RECLAMATION AND CHEMICAL MANUFACTURING OPERATIONS, CHEMICAL SPILLS AND FIRES, AS WELL AS THE EARLIER REFINING OPERATIONS. THERE HAVE BEEN 2 RODS FOR THE SITE: AN INTERIM ROD FOR GROUNDWATER PUMP AND TREAT OF VOC AND SVOC CONTAMI- NATED GROUNDWATER, AND A FINAL ROD FOR GROUNDWATER AND SOIL REMEDIATION. ON JUNE 11, 1999, THE UNITED STATES, ON BEHALF OF U.S. EPA FILED A CERCLA SECTION 106(A) & 107(A) COMPLAINT AGAINST 44 DEFENDANTS SEEKING PERFORMANCE OF A CERCLA CLEAN-UP AND PAY- MENT OF U.S. EPA'S PAST AND FUTURE COSTS IN U.S. V. ABITIBI PRICE CORPORATION, ET AL., CIVIL ACTION NO. 1:99CV428, U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN, SOUTH- ERN DIVISION. AT THE SAME TIME, THE U.S. FILED A NOTICE OF LODGING OF A PROPOSED CERCLA CONSENT DECREE, PENDING SOLICI- TATION OF PUBLIC COMMENT ON THE PROPOSED DECREE. UNDER THE TERMS OF THE ABITIBI PRICE DECREE, THE SETTLING DEFENDANTS SHALL COMPLETE THE GROUNDWATER REMEDY FOR THE OCI SITE, AND SALL PAY VIRTUALLY ALL OF THE U.S. EPA'S COSTS, LESS CONSIDERATION FOR AN ORPHAN SHARE U.S. EPA DECIDED THE SETTLING DEFENDANTS WERE TO RECEIVE. THE DECREE PROVIDES THAT SETTLORS SHALL PAY THE U.S. EPA SUPERFUND $3.3 MILLION IN PAST COSTS, PLUS INTEREST SINCE THE TIME OF THE CERCLA SECTION 122(E) SPECIAL NOTICE LETTER, AND FUTURE OVERSIGHT COSTS CONNECTED TO THE GROUNDWATER REMEDY.

Defendants (5)

• ABITIBINamed in settlement
• ORGANIC CHEMICALS INC.Named in complaintNamed in settlement
• SPARTAN CHEMICALS CORP.Named in complaintNamed in settlement
• TOTAL PETROLEUMNamed in complaintNamed in settlement
• TOTAL REALTYNamed in complaintNamed in settlement

Facilities (1)

• ORGANIC CHEMICALS INCORPORATED

  3291 CHICAGO DR SW, GRANDVILLE, MI, 49418

  Registry ID: 110000614559

Statutes cited

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

Enforcement conclusions (1)

• ORGANIC CHEMICALS INC.entered 2000-02-07

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-03-24PRN Sent
• 1998-10-19Enforcement Action Data Entered
• 1999-05-24Referred To Dept Of Justice
• 1999-06-11Complaint Filed With Court
• 1999-06-11Final Order Lodged
• 2000-02-07Final Order Entered