EPA v. M/V RIO NEUQUEN

Case summary

06/03/85-THIS CAUSE OF ACTION IS FOR REIMBURSEMENT OF IMMEDIATE REMOVAL COSTS INCURRED BY THE U. S. COAST GUARD DURING THE PERIOD JULY 27, 1984 THROUGH AUGUST 8, 1984, WHILE RESPONDING TO THE RELEASE OF A HAZARDOUS SUBSTANCE FROM THE ARGENTINE VESSEL M/V RIO NEUQUEN, MOORED AT THE PORT OF HOUSTON AUTHORITY. OF THE TWO CAUSES OF ACTION, ONE IS AGAINST THE OWNER AND OPERATOR OF THE VESSEL, EMPRESAS LINEAS MARITIMAS ARGENTINAS, S. A., AND THE OTHER IS AGAINST BERNADO CHEMICAL, LTD., THE GENERATOR OF THE HAZARDOUS SUB- STANCE, ALUMINUM PHOSPHIDE FUMIGANT (SOLD UNDER THE NAME GASTOXIN). THE MATTER WAS REFFERED TO EPA FROM THE COAST GUARD PURSUANT TO EXECUTIVE ORDER 12316 AND THE INSTRUMENT OF REDELEGATION DATED OCTOBER, 1981. ON JULY 27, 1984, THERE WAS AN EXPLOSION OF SAID VESSEL RE SULTING IN THE DEATH OF ONE LONGSHOREMAN, INJURIES TO SEVERAL OTHERS AND A SMALL FIRE. THE EXPLOSION OCCURRED IN A TWENTY FOOT CARGO CONTAINER CONTAINING IMPROPERLY SEALED ALUMINUM FLASKS OF ALUMINUM PHOSPHIDE FUMIGANT PACKED IN CARDBOARD BOXES AND STORED IN THE UPPER 'TWEEN DECK OF THE VESSEL'S NUMBER TWO HOLD. THE RELEASE OF A LARGE QUANTITY OF TOXIC-FLAMMABLE PHOSPHINE GAS FOLLOWED THE EXPLOSION, CREATING POTENTIAL CONDITIONS FOR ADDITIONAL EXPLOSIONS. WHILE STABILIZING THE MATERIAL IN THE HOLD WITH NITROGEN, THE COAST GAURD REPACKED THE FUMIGANT IN RECOVERY DRUMS AND CONTROLLED THE TEMPERATURE OF THE DRUMS WITH DRY ICE UNTIL SUBSEQUENT DISPOSAL AT SEA. RESPONSE ACTION IS NOW COMPLETED AND NO FURTHER TECHNICAL INVESTIGATION IS NECESSARY. RESPONSE COSTS TO THE UNITED STATES TOTALLED OVER $498,237.91 AS OF JANUARY 19, 1985. PURSUANT TO SUPPLEMENT RULE F OF THE CIVIL RULES OF PRO- CEDURE, AND 46 U. S. C. SEC.181,ET SEQ., EMPRESA LINEAS MARITIMAS, ARGENTINAS, S. A. FILED AN ACTION TO LIMIT ITS LIABILITY. DOJ DECIDED THAT IT WAS MOST APPROPRIATE FOR THE UNITED STATES NOT TO ENTER INTO THE LIABILITY LIMITATION. THE REFERRAL IS STILL AT DOJ.

Defendants (4)

• M/V RIO NEUQUENNamed in complaintNamed in settlement
• BERNADO CHEMICALSNamed in complaintNamed in settlement
• BERNADO CHEMICALS#2Named in complaintNamed in settlement
• EMPRESS LINEAS MARITIMAS ARGENTINAS, SANamed in complaintNamed in settlement

Facilities (1)

• M/V RIO NEUQUEN

  HOUSTON HARBOR, HOUSTON, TX, 77020

  Registry ID: 110010646006

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• M/V RIO NEUQUENentered 1988-03-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-03-01Referred To Headquarters
• 1985-04-03Referred To Dept Of Justice
• 1987-07-27Complaint Filed With Court
• 1988-03-30Final Order Lodged
• 1988-03-30Final Order Entered
• 1988-03-30Concluded
• 1988-03-30Enforcement Action Closed