EPA v. DOVER CHEMICAL CORPORATION

Case summary

THE DOVER CHEMICAL SITE IS LOCATED IN TUSCAWARS COUNTY, IN EAST CENTRAL OHIO. DOVER CHEMICAL CORPORATION, JUST OFF OF INTERSTATE 77, OWNS FOUR PARCELS OF LAND NEAR THE CITY OF DOVER CITY LIMITS THAT TOTAL APPROXIMATELY 60 ACRES. SINCE 1950, DOVER CHEMICAL HAS OPERATED A MANUFACTURING FACILITY IN DOVER, OHIO. THE FACILITY PRODUCES PHENYL PHOSPHITES AND CHLORINATED PARAFFIN PRODUCTS THAT ARE USED IN THE MANUFACTURE OF PRESSURE LUBRICANTS, PLASTICIZERS, AND FLAME RETARDANTS FOR VINYL PRODUCTS. SITE ACTIVITIES FROM THE 1950S TO THE EARLY 1970S INTRODUCED SITE-RELATED CONSTITUENTS INTO THE ENVIRONMENT IN THE VICINITY OF THE DOVER CHEMICAL PLANT. BASED ON THE RI/FS INVESTIGATION RESULTS IN 1991, THE U.S. EPA REQUESTED THAT DOVER CHEMICAL TAKE INTERIM ACTIONS TO REDUCE THE MOBILITY AND POTENTIAL FOR CONTACT WITH SOILS CONTAINING POLYCHLORINATED DIBENZODIOXINS(PCDDS) AND DIBEN- ZOFURANS (PCDFS). DOVER AND U.S. EPA ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC) TO CONDUCT THIS WORK. THIS ACTION WAS TAKEN TO MITIGATE A DIRECT CONTACT RISK TO WORKERS IN THE ON-SITE SOILS AT THE SITE AND DID NOT ADDRESS POTENTIAL RISK ASSOCIATED WITH OTHER ORGANIC CONSTITUENTS AT THE SITE. ON MAY 10, 1993, U.S. EPA PROPOSED THE DOVER CHEMICAL CORPORATION SITE FOR INCLUSION ON THE NPL BUT HAS NEVER BEEN FINALIZED ON THE NPL. ON OCTOBER 1, 1999, A NON-TIME CRITICAL ACTION MEMO WAS SIGNED CALLING FOR THE MAINTENANCE OF THE EXISTING BUILDINGS STRUCTURES AND ROADWAYS, EXCAVATION OF THE AREAS EXCEEDING THE ACTION LEVEL OF 5 PPB (TEQS) FOR DIOXIN-CONTAMINATED SOILS IN THE PLANT AREA, WITH THE MAXIMUM DEPTH OF EXCAVA- TION CONTROLLED BY A TYPICAL INDUSTRIAL BUILDING FOUNDATION DEPTH OF UP TO 4 FEET, EXCAVATION OF VOC-CONTAMINATED SOILS TO A DEPTH OF 4 FEET IN AREAS G, H, AND AN, IMPORT CLEAN SOIL AND BACKFILL EXCAVATED AREAS. ALL EXCAVATED AREAS WILL BACKFILLED AND GRADED. THE LAGOON AREA AND CANAL SOILS/SEDIMENTS WILL BE EXCAVAT- ED IN THE AREAS EXCEEDING THE ECOLOGICAL SCREENING LEVEL FOR DIOXIN CONTAMINATED SOILS/SEDIMENTS UP TO A MAXIMUM REMOVAL DEPTH OF 3 FEET FOR THE FIRST 50 FEET OF THE OLD CANAL (BEGINNING FROM THE HISTORICAL POINT WHERE WASTEWATER ENTER- ED THE CANAL) AND 1 FOOT ALONG THE REST OF THE CANAL. ONE FOOT OF SOIL OVER A 4.400 FT2 WILL BE EXCAVATED IN A LOW- LYING AREA NEAR THE CANAL. ANY AREAS THAT ARE EXCAVATED SHALL BE BACKFILLED AND RETURNED TO PRE-EXCAVATION GRADE AND INSTITUTIONAL CONTROLS WILL BE IMPLEMENTED TO MAINTAIN THE COVER A FENCE AND WARNING SIGNS WILL BE INSTALLED AROUND THE LAGOON AREA AND REGULARLY MONITORED/REPAIRED. THE EXISTING PUMP AND TREAT SYSTEM WILL CONTINUE TO OPERATE AND WILL BE ENHANCED TO INCREASE THE REDUCTION OF VOCS AND POSSIBLY DIOXIN.

Defendants (1)

• DOVER CHEMICAL CORPORATIONNamed in settlement

Facilities (2)

• DOVER CHEMICAL CORPORATION

  3676 DAVIS RD. N.W., DOVER, OH, 44622

  Registry ID: 110000741822

• DOVER CHEMICAL CORPORATION

  3676 DAVIS RD. N.W., DOVER, OH, 44622

  Registry ID: 110000741822

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• DOVER CHEMICAL CORPORATIONentered 2000-10-20

  Primary law: CERCLA

Timeline (2 milestones)

• 2000-10-20Final Order Issued
• 2001-01-09Enforcement Action Data Entered