EPA v. ANGOLA SOYA ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE PROPERTY IS CURRENTLY OWNED BY MR. JAMES L. HALE, THE SON OF THE DECEASED COMPANY OWNER AND OPERATOR. ONE BUILDING, WHICH IS DIVIDED INTO THREE ROOMS, IS LOCATED ON THE SITE. DURING A REMOVAL ACTION BY ESSEX ENVIRONMENTAL, FORT WAYNE, INDIANA IN 1994, 400 DRUMS OF CRESYLIC ACID AND 75 CUBIC YARDS OF CONTAMINATED SOIL WERE REMOVED FROM THE SITE. IN 1996, THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (IDEM) REMOVED AND DISPOSED OF 200 DRUMS OF DRIED PAINT SLUDGE FROM THE SITE. ON SEPTEMBER 21, 2001, IDEM CONDUCTED A SITE VISIT AND INVENTORIED ALL DRUMS AND WASTE INSIDE THE SITE BUILDING. THE INVENTORY CONFIRMED THE PRESENCE OF FOURTEEN DRUMS OF CRESYLIC ACID, SIX DRUMS OF EITHER HEXANE OR TOLUENE, ONE DRUM OF ACID, TEN GALLONS OF BOILER CLEAN , THREE DRUM OF CAUSTIC SODA. IN NOVEMBER 2002, IDEM REQUESTED EPA'S ASSISTANCE IN ASSESSING THE SITE FOR A POTENTIAL REMOVAL ACTION. IN APRIL, 2003, EPA AND ITS CONTRACTOR CONDUCTED A WALKING RECONNAISSANCE OF THE SITE. SAMPLE ANALYTICAL RESULTS THAT THE CONTAINERS PRESENT AT THE SITE HOLD HAZARDOUS WASTE AND POSE A THREAT OF RELEASE AND A THREAT OF FIRE OR EXPLOSION. BASED UPON THE FINDING OF FACT, CONCLUSIONS OF LAW, DETERMINATIONS, AND THE ADMINISTRATIVE RECORD FOR THE SITE, IT IS HEREBY ORDERED AND AGREED THAT THE RESPONDENT SHALL PERFORM, AT A MINIMUM, ALL ACTIONS NECESSARY TO IMPLEMENT THE REMOVAL ACTIONS FOR THE SITE. THE RESPONDENT SHALL BE LIABLE TO EPA FOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER.

Defendants (1)

• JAMES L. HALENamed in settlement

Facilities (1)

• ANGOLA SOYA

  1265 N SR 827, ANGOLA, IN, 46703

  Registry ID: 110071101866

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ANGOLA SOYA ADMIN ORDER ON CONSENT (CERCLA)entered 2004-03-05

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-03-05Final Order Issued
• 2004-03-16Enforcement Action Data Entered