EPA v. NEASE CHEMICAL ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE NEASE CHEMICAL SITE IS LOCATED 2.5 MILES NORTHWEST OF THE CITY OF SALEM, OHIO, IN NORTHERN COLUMBIANA COUNTY. THE SITE COVERS APPROXIMATELY 44 ACRES AND IS SURROUNDED BY LIGHTLY DEVELOPED LAND ON THREE SIDES AND AN INDUSTRIAL PLANT TO THE NORTHEAST AND 124 HOMES LOCATED WITHIN ONE MILE OF THE SITE. BETWEEN 1961 AND 1973, NEASE CHEMICAL PRODUCED VARIOUS CHEMICAL COMPOUNDS INCLUDING HOUSEHOLD CLEANING COMPOUNDS, FIRE RETARDANTS, AND PESTICIDES (MOST NOTABLY MIREX, A PROBABLE HUMAN CARCINOGEN). DURING THE FACILITY'S OPERATION, HAZARDOUS SUBSTANCES WERE RELEASED TO THE SOILS AND GROUNDWATER THROUGH FIVE UNLINED PONDS ONSITE THAT WERE USED TO TREAT MANUFACTURING PROCESS WASTE. CONTAMINANTS WERE ALSO RELEASED TO THE SOILS AND GROUNDWATER WHEN HAZARDOUS SUBSTANCES ESCAPED FROM DRUMS THAT HAD BEEN BURIED ONSITE. CONTAMINATION WAS RELEASED TO THE MIDDLE FORK OF LITTLE BEAVER CREEK (MFLBC) THROUGH SURFACE WATER RUNOFF FROM THE PONDS INTO CREEK TRIBUTARIES THAT RUN THROUGH THE SITE. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) AND OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) CONDUCTED INVESTIGATIONS AND INSPECTIONS ON AND AROUND THE NEASE PROPERTY AND DOCUMENTED CONTAMINATION OF SOILS, SEDIMENTS, SURFACE WATER, GROUNDWATER AND FISH ALONG A THIRTY-MILE REACH OF MFLBC. THIS AOC WILL RESULT IN RESPONSE WORK BY THE RESPONDENT IN THE AMOUNT OF $675,000.00.

Defendants (1)

• RUETGERS ORGANICS CORPORATIONNamed in settlement

Facilities (1)

• NEASE CHEMICAL

  1224 BENTON ROAD ROUTE 14A, SALEM, OH, 44460-9679

  Registry ID: 110069553101

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• NEASE CHEMICAL ADMIN ORDER ON CONSENT (CERCLA)entered 2006-05-10

  Primary law: CERCLA

Timeline (2 milestones)

• 2006-05-10Final Order Issued
• 2006-05-31Enforcement Action Data Entered