EPA v. NEASE CHEMICAL ADMIN ORDER ON CONSENT FOR RD AT OU3 (CERCLA)

Case summary

ON JUNE 30, 2009, REGION 5 ENTERED AN ADMINISTRATIVE ORDER ON CONSENT WITH THE RUTGERS ORGANICS CORPORATION TO CONDUCT A PRE-DESIGN INVESTIGATION AND REMEDIAL DESIGN TO PREPARE IMPLEMENTATION OF A REMEDY FOR SEDIMENT AND FLOODPLAIN CONTAMINATION AT THE NEASE CHEMICAL SUPERFUND SITE IN COLUMBIANA COUNTY, OHIO. THE SITE IS ON ROUTE 14, 2.5 MILES NORTHWEST OF SALEM ON THE COLUMBIANA-MAHONING COUNTY LINE. BETWEEN 1961 AND 1973, NEASE CHEMICAL PRODUCED HOUSEHOLD CLEANING PRODUCTS, FIRE RETARDANTS AND PESTICIDES AT THE SITE, AND LEFT BEHIND SIGNIFICANT HAZARDOUS SUBSTANCES INCLUDING MIREX. EXTENSIVE MIREX CONTAMINATION MIGRATED OFF THE FORMER PLANT AREA THROUGH FEEDER CREEK TO THE MIDDLE FORK LITTLE BEAVER CREEK. THE REMEDY CHOSEN BY EPA IN THE SEPTEMBER 24, 2009, RECORD OF DECISION FOR OPERABLE UNIT 3 OF THE NEASE CHEMICAL SITE (MIDDLE FORK LITTLE BEAVER CREEK AND FEEDER CREEK) IS EXPECTED TO COST APPROXIMATELY $3.77 MILLION AND INCLUDES: REMOVAL OF THE MOST CONTAMINATED SEDIMENT IN THE MIDDLE FORK OF LITTLE BEAVER CREEK; REMOVAL OF FEEDER CREEK SEDIMENT; REMOVAL OF THE MOST CONTAMINATED FLOODPLAIN SURFACE SOIL. THE PRE-DESIGN INVESTIGATION AND REMEDIAL DESIGN WILL ENSURE SUCCESSFUL IMPLEMENTATION OF THIS REMEDY.

Defendants (1)

• RUTGERS ORGANICS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• NEASE CHEMICAL

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

  Registry ID: 110069553101

Statutes cited

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

Enforcement conclusions (1)

• NEASE CHEMICAL ADMIN ORDER ON CONSENT FOR RD AT OU3 (CERCLA)entered 2009-06-30

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-06-30Final Order Issued
• 2009-08-28Enforcement Action Data Entered