EPA v. MALTER INTERNATIONAL CORPORATION SITE - CONKLIN CO., INC.

Case summary

1. SECTION 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), 42 U.S.C. SECTION 9607, AND SECTION 113(G)(2) OF CERCLA, 28 U.S.C. SECTION 2201. 2. MALTER INTERNATIONAL CORPORATION SITE 1. CONKLIN COMPANY 2. MALTER INTERNATIONAL 3. NEW MALTER, INC. GRETNA, JEFFERSON PARISH, LOUISIANA 3. THE MALTER SITE IS AN ABANDONED FORMER PRODUCTION FACILI- TY FOR VARIOUS HOUSEHOLD AND INDUSTRIAL CHEMICALS FROM THE MID 1960'S THROUGH 1990. THE SITE IS SITUATED APPROX- IMATELY 800 FEET SOUTH OF THE MISSISSIPPI RIVER, AT 80 FIRST STREET IN GRETNA, LOUISIANA. THE SITE IS LOCATED IN A MIXED RESIDENTIAL AND INDUSTRIAL NEIGHBORHOOD, AND IS BORDERED BY PETROLEUM INDUSTRY TO THE NORTH ACROSS FIRST, A RAILROAD AND A LARGE WOODED AREA TO THE SOUTH, A FAST FOOD SEASONING PRODUCTION FACILITY TO THE WEST, AND AN OPEN FIELD, WHICH LIES BETWEEN THE SITE AND SEVERAL RE- SIDENCES, APPROXIMATELY 600 FEET TO THE EAST. MALTER INTERNATIONAL CORPORATION PRODUCED A WIDE VARIETY OF HOUSEHOLD AND INDUSTRIAL CHEMICALS FROM THEMID-1960S UNTIL 1989. AFTER OPERATIONS CEASED, APPROXIMATELY 1,500 DRUMS, 100 TANKS, AND 30,000 SMALL CONTAINERS OF RAW MAT- ERIALS, FINISHED PRODUCTS, QUALITY CONTROL SAMPLES, AND ASSOCIATED WASTES WERE LEFT AT THE FIVE ACRE SITE IN FOUR BUILDINGS AND A FENCED CONCRETE YARD. AMONG THE DIVERSE INVENTORY WERE PESTICIDES, SOLVENTS, CLEANERS, AND LUBRI- CANTS REPRESENTING ALL CLASSES OF HAZARDOUS MATERIALS. MANY OF THE DRUMS WERE EXPOSED TO THE ELEMENTS AND WERE IN DETERIORATING CONDITION. SEVERAL TANKS, DRUMS, AND SMALL CONTAINERS WERE LEAKING IN AND AROUND THE BULDINGS. STORMWATER RUNOFF FROM AN IMPOUNDMENT AND DRUM AND TANK STORAGE ARES FLOWED OFF-SITE SOUTHWARD THROUGH VARIOUS DITCHES. EPA REGION 6 OFFICE OF CRIMINAL INVESTIGATION (OCI) AND EMERGENCY RESPONSE BOARD (ERB) INITIATED AN INVESTIGATION OF THE SITE ON APR. 4, 1991, AT THE REQUEST OF THE LA. STATE POLICE. ERB COMPILED A DETAILED INVENTORY OF DRUMS, TANKS, AND MISCELLANEOUS CONTAINERS AT THE FACILITY. DRUMS WERE THEN STAGED FOR SAMPLING AND HAZCAT. A VARIETY OF DISPOSAL METHODS WERE SELECTED, INCLUDING DEEPWELL IN- JECTION, INCINERATION, NEUTRALIZATION, LANDFILL, SOLIDI- FICATION, AND STABILIZATION. AFTER DISPOSAL, ALL REMAINING TANKS, DRUMS, AND BOTTLES WERE TRIPLED RINSED AND CRUSHED FOR LANDFILLING. AN IM- POUNMENT WAS LEVELED AND LIME WAS ADDED TO THE SOIL TO STABILIZE IT. THE AFFECTED AREA WAS CAPPED WITH A POLY- ETHYLENE LINER, CLAY, AND TOPSOIL. SEVERAL DRUMS OF DIO- XION CONTAMINATED MATERIAL WERE SECURED ON-SITE IN A VAULT UNTIL OFF-SITE DISPOSAL AT AN EPA-COMPLIANT FACILI- TY WAS POSSIBLE. THE FIRST PHASE OF THE REMOVAL WAS COM- PLETED ON FEB. 24, 1992 WHEN THE FINAL BULK WASTE WAS TRANSPORTED OFF-SITE FOR DISPOSAL. THE SECOND PHASE OF THE REMOVALWAS INITIATED ON JAN. 21, 1994, AFTER LOCAL AUTHORITIES NOTIFIED THE REB THAT THE BULDING CONTAINING DIOXIN MATERIAL HAD BEEN VANDALIZED AND A FIRE HAD TAKEN PLACE AT THE FACILITY. THE REMAINING MATERIAL WAS REPACKED, IF NECESSARY, AND SHIPPED OFF-SITE FOR THERMAL DESTRUCTION AT THE EPA-PERMITTED APTUS DIS- POSAL FACILITY IN COFFEYVILLE, KANSAS. EPA REGION 6 HAS MORE THAN SUFFICIENT EVIDENCE TO SUPPORT A CONTENTION THAT IMPROPER STROAGE, HANDLING AND DISPOSAL OF HAZARDOUS CHEMICALS DURING THE PERIODS IN WHICH MALTER INTERNATIONAL, CONKLIN AND NEW MALTER OWNED AND OPERATED THE MALTER SITE, RESULTED IN THE

Defendants (3)

• CONKLIN COMPANYNamed in complaintNamed in settlement
• MALTER INTERNATIONAL CORPORATIONNamed in complaint
• NEW MALTER, INC.Named in complaint

Facilities (1)

• MALTER INTERNATIONAL

  #80 1ST. STREET, GRETNA, LA, 70053

  Registry ID: 110009288323

Statutes cited

• CERCLA 113G2 — Superfund
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CONKLIN COMPANY, INC.entered 1999-09-21

  Primary law: CERCLA

Timeline (6 milestones)

• 1994-03-15Enforcement Action Data Entered
• 1997-02-27Referred To Dept Of Justice
• 1997-04-30Complaint Filed With Court
• 1999-09-11Final Order Lodged
• 1999-09-21Final Order Entered
• 1999-09-21Concluded