EPA v. CRYSTAL CHEMICAL

Case summary

NEW REFERRAL SENT TO HEADQUARTERS FOR 107 COST RECOVERY ACTION THE REFERRAL RECEIVED BY HQ ON 1/11/88 SUPERCEDES AND REPLACES THE REFERRAL OF JULY 9, 1982, WHICH WAS TREATED AS A BANKRUPTCY REFERRAL BY DOJ AND WAS CLOSED OUT IN 1985. BANKRUPTCY SETTLEMENT EFFECTIVE 6/7/84. * DATA SHEET: VIOLATIONS: A RELEASE OR THREAT OF RELEASE OF HAZ SUBSTANCES FROM A FACILITY WHICH REQUIRED RESPONSE BY US EPA UNDER SECTION 104 OF CERCLA, 42 USC 9604. * PROPOSED RELIEF TO BE SOUGHT: RECOVERY OF COSTS OF THE US AND THE STATE OF TX FOR RESPONSE TAKEN AT THE CRYSTAL CHEMICAL FACILITY LOCATED AT ROGERDALE ROAD IN HOUSTON, TX PURSUANT TO SECTION 107(A) OF CERCLA TOTALLING JUST UNDER $2 MILLION. * RECENT CONTACTS W/DEFENDANTS: ALL PRPS WERE NOTIFIED OF THE EMERGENCY REMOVAL ACTION, THE PERFORMANCE OF THE ORIGINAL RI/FS & ALL SUBSEQUENT ACTIONS. PRP/LANDOWNER SOUTHERN PACIFIC EXPRESSED AN INTEREST IN CON- DUCTING THE REMEDIAL ACTION ONCE EPA CHOSE A REMEDY. NEGO- TIATIONS WERE UNDER WAY WHEN THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT WAS PASSED IN OCTOBER, 1986. EPA THEN DETERMINED THAT A SUPPLEMENTAL FEASIBILITY STUDY WAS REQUIRED TO ADDRESS SARA REQUIREMENTS. SOUTHERN PACIFIC NEGOTIATED WITH EPA TO CONDUCT THE SUPPLEMENTAL FS AND AO ON CONSENT WAS SIGNED ON APRIL 29, 1987. NO OTHER PRP'S HAVE EXPRESSED INTEREST IN UNDERTAKING RESPONSE ACTION OR REIMBURSING COSTS.THE DRAFT FINAL SFS WAS COMPLETED IN MAY 1991. EPA ISSUED THE ROD ON SEPTEMBER 31, 1990, AND ISSUED SPECIAL NOTICE LETTERS IN OCTOBER 1990. SOUTHERN PACIFIC AND VPG RESPONDED WITH LIMITED CASH-OUT OFFERS AND DE- CLINED TO CONDUCT THE WORK. EPA DETERMINED THAT THE OFFERS WERE NOT GOOD FAITH OFFERS IN JANUARY 1991. LEGAL OR FACTUAL ISSUES: LIABILITY OF CORPORATE OFFICERS/DIRECTORS/SHAREHOLDERS UNDER CERCLA, THE LIABILITY OF SUCCESSOR CORPORATIONS UNDER CERCLA AND THE INTERPRETATION AND APPLICATION OF THE CERCLA STATUTE LIMITATIONS. * DATE OF INSPECTION, INFORMATION RESPONSE, OR RECEIPT OF EVIDENCE OF VIOLATION: REGION VI, EPA DETERMINED THAT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HUMAN HEALTH OR WELFARE OR THE ENVIRONMENT EXISTED ON 9/18/81. REMOVAL ACTION WAS BEGUN ON 9/20/81 AND COMPLETED 2/20/83. A FOLLOW-UP ACTION WAS TAKEN IN 9/83. * OTHER ASPECTS OF THE CASE: CRYSTAL CHEMICAL CO IS BANKRUPT AND EPA HAS AN AGREED ORDER FILED IN THE BANKRUPTCY COURT SETTLING EPA'S CLAIMS IN BANKRUPTCY. NO EXTRAORDINARY RESOURCE DEMANDS ANTICIPATED.

Defendants (2)

• VOLUNTARY PURCHASING GROUPS, INC.Named in complaintNamed in settlement
• SOUTHERN PACIFIC TRANSPORTATION COMPANYNamed in complaintNamed in settlement

Facilities (2)

• CRYSTAL CHEMICAL CO.

  3502 ROGERDALE RD, HOUSTON, TX, 77042

  Registry ID: 110008167928

• CRYSTAL CHEMICAL CO.

  3502 ROGERDALE RD, HOUSTON, TX, 77042

  Registry ID: 110008167928

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CRYSTAL CHEMICALentered 1992-03-02

  Primary law: CERCLA

Timeline (8 milestones)

• 1987-12-31Enforcement Action Data Entered
• 1987-12-31Referred To Headquarters
• 1988-02-08Referred To Dept Of Justice
• 1988-04-01Complaint Filed With Court
• 1992-03-02Final Order Lodged
• 1992-03-02Final Order Entered
• 1992-03-02Concluded
• 1992-03-02Enforcement Action Closed