EPA v. BARGE STAR 7

Case summary

THIS IS A COST RECOVERY ACTION UNDER SECTION 107 OF CERCLA. VIOLATION - BARGE STAR 7 WAS CHARTERED TO TRANSPORT CREOSOTE WASTE (LISTED WASTE K001). THE BARGE SUSTAINED DAMAGE AND INDICATED A STRONG POSSIBILITY OF RELEASE OF HAZARDOUS WASTE INTO THE ENVIRONMENT. PROPOSED DEFENDANTS REFUSED TO ASSUME RESPONSIBILITY FOR THE NECESSARY ABATEMENT ACTION. PROPOSED RELIEF IS THE RECOVERY OF $180,145.63 IN COSTS EXPENDED BY THE GOVERNMENT FOR THE CLEANUP AND PROPER DISPOSAL OF THE WASTE. RECENT CONTACTS WITH DEFENDANTS - PROPOSED DEFENDANTS WERE SENT DEMAND LETTERS BY CERTIFIED MAIL ON JULY 22, 1985, REQUESTING REIMBURSEMENT OF THE HAZARDOUS SUBSTANCE RESPONSE FUND (FUND) FOR COSTS EXPENDED BY THE GOV. THE LETTER STATED THAT IF THERE WAS NO RESPONSE, EPA WOULD ASSUME THAT THE ADDRESSEE DECLINED TO REIMBURSE THE FUND AND CIVIL LITIGATION WOULD BE PURSUED. BIG STAR BARGE AND BOAT COMPANY, INC. RESPONDED SINCE THE VESSEL WAS A DUMMY/BARE BOAT CHARTER. EJAY DOUCET, INC. DECLINED TO RESPOND. ATLANTIC WOOD INDUSTRIES, INC. RESPONDED ON AUGUST 20, 1985 THAT EPA SHOULD DIRECT CORRESPONDENCE TO THE INSURERS OF THE STAR 7.

Defendants (4)

• BIG STAR BARGE AND BOAT COMPANY, INC.Named in complaintNamed in settlement
• EJAY DOUCET, INC.Named in complaintNamed in settlement
• FOURCHON INC.Named in complaintNamed in settlement
• UNDERWRITERS OF LLOYD OF LONDONNamed in complaintNamed in settlement

Facilities (1)

• BARGE STAR 7

  GULF INTRA COASTAL W LAROSE, LAROSE, LA, 70373

  Registry ID: 110010743623

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• BARGE STAR 7entered 1987-02-26

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-09-30Referred To Headquarters
• 1985-11-13Referred To Dept Of Justice
• 1986-04-30Complaint Filed With Court
• 1987-02-26Final Order Entered
• 1987-02-26Concluded
• 1987-02-26Final Order Lodged
• 1987-05-18Enforcement Action Closed