EPA v. CLEVE REBER SUPERFUND SITE

Case summary

1. SECTION 122(H)(1) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE COMPENSATION, AND LIABILITY ACT ( CERCLA ). 2. CLEVE REBER SUPERFUND SITE SORRENTO, ASCENSION PARISH, LOUISIANA RESPONDENTS: 1. CIBA GEIGY CORPORATION 2. MONOCHEM, INC. 3. RHONE-POULENC, INC. 4. UNIROYAL CHEMICAL COMPANY, INC. 5. VULCAN MATERIALS COMPANY 3. THE SITE CONTAINS PITS THAT WERE ORIGINALLY USED AS A SOURCE OF BORROW MATERIAL FOR ROAD AND BRIDGE CONSTRUCT- ION. FROM 1968 UNTIL 1974, THE SITE WAS OWNED BY ASCENS- ION PARISH AND OPERATED AS A LANDFILL. FROM 1970 TO 1974, CLEVE REBER, PRESIDENT, AND SOLE PROPRIETOR OF ENVIRON- MENTAL CONTROLS COMPANY OF LOUISIANA, OPERATED THE SITE AS A LANDFILL. MR. REBER ACCEPTED THE HAZARDOUS SUB- STANCES FOR DISPOSAL IN THE LANDFILL. THE PRINCIPAL CONTAMINANTS OF CONCERN AT THE SITE WERE THE HAZARDOUS SUBSTANCES HEXACHLOROBENZENE (HEX OR HCB), HEXACHLOROBUTADIENE (HCBD), N-NITROSODIPHENYLAMINE, HEXA- CHLOROETHENE (HCE), AND TETRACHLOROETHENE, ALL CONSIDERED CARCINOGENS. THE PRIMARY HAZARDS TO HUMAN HELATH WERE I- DENTIFIED AS DIRECT CONTACT OR INGESTION OF ON-SITE SUR- FACE SOIL, SEDIMENT, SURFACE WATER, LEACHATE, AND GROUND- WATER WITHIN THE ACQUIFER BENEATH THE SITE. ON JUL. 14, 1983, EPA INITIATED AN EMERGENCY SURFACE CLEANUP TO MOVE SURFACE DRUMS AND CHEMICAL WASTE PILES FROM THE SITE, AND TO INSTALL A TEMPORARY CLAY COVER OVER PART OF THE SITE. SEVERAL PRPS HAD BEEN IDENTIFIED AT THE TIME, AND THEY WERE GIVEN THE OPPORTUNITY TO PERFORM THE REMOVAL. ALTHOUGH THE POTENTIAL RESPONSIBLE PARTIES (PRPS) REFUSED TO CONDUCT THE WORK, VULCAN MATERIALS COM- PANY, UNIROYAL CHEMICAL COMPANY, INC., AND BORDEN CHEMI- CALS AND PLASTICS, OLP REIMBURSED EPA FOR THE COST OF THE REMOVAL ACTION. AFTER A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY, A RECORD OF DECISION MEMORALIZING EPA'S SELECTION OF A RE- MEDIAL ACTION FOR THE SITE WAS ISSUED ON MAR. 31, 1987. IN SEPT. 1988, EPA ISSUED A UNILATERAL ADMINISTRATIVE OR- DER (UAO) TO CLEVE REBER, CIBA-GEIGY CORP., MONCHEM, INC., STAUFFER CHEMICAL COMPANY, AND VULCAN MATERIALS COMPANY FOR PERFORMANCE OF THE REMEDIAL ACTION. ACTING AS THE CLEVE REBER TASK FORCE, VULCAN, UNIROYAL, COBA-GEIGY, AND MONCHEM OFFERED TO CONDUCT THE REMEDIAL ACTION IF EPA AGREED TO UTILIZE MIXED FUNDING AND WAIVE ALL PAST COSTS. EPA REJECTED THE OFFER. NEGOTIATIONS CONTINUED UNTIL FEB. 1991, WHEN EPA ISSUED THE FIRST AMENDED UNILATERAL ORDER TO MONOCHEM, STAUFFER, UNIROYAL AND VULCAN (THE RESPOND- ENTS ). THE RESPONDENTS AGREED TO ABIDE BY THE FIRST A- MENDED UAO IN APR. 1991, AND HAVE COMPLETED THE REMEDIAL ACTION UNDER AN EPA-APROVED SCOPE OF WORK. TO DATE, RE- SPONDENTS HAVE SPENT OVER $53 MILLION TO REMEDIATE THE CONTAMINATION AT THE SITE. THE RESPONDENTS HAVE AGREED TO CONTINUE TO PERFORM THE OPERATION AND MAINTENANCE OF THE REMEDY UNDER THE FIRST AMENDED UAO, BUT WOULD LIKE TO RE- SOLVE THEIR COST-REIMBURSEMENT LIABILITY IN AN ADMINIS- TRATIVE ORDER ON CONSENT (AOC). THE SETTLING PARTIES, VULCAN MATERIALS CO., UNIROYAL CHEMICAL CO., INC. (ON ITS OWN BEHALF AND AS SUCCESSOR TO THE CHEMICAL DIVISION OF UNIROYAL, INC., IN CONNECTION WITH THIS MATTER), CIBA- GEIGY CORP., MONOCHEM, INC. AND RHONE-POULENC, INC. (AS SUCCESSOR TO STAUFFER CHEMICAL CO.), PREFER AN AOC TO A CONSENT DECREE BECAUSE THEY BELIEVE THAT A CONSENT DECREE IS MORE LIKELY TO DRAW UNWANTED AND COSTLY LITIGATION FROM RECALCITRANT PRPS. 4. RELIEF SOUGHT PURSUANT TO SECTIO

Defendants (5)

• CIBA GEIGY CORPORATIONNamed in complaint
• MONOCHEM, INC.Named in complaint
• RHONE-POULENC, INC.Named in complaint
• UNIROYAL CHEMICAL COMPANY, INC.Named in complaint
• VULCAN MATERIALS COMPANYNamed in complaint

Facilities (1)

• CLEVE REBER

  SEC 36 T10S R3E, SORRENTO, LA, 70778

  Registry ID: 110009288626

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (2 milestones)

• 1997-07-11Complaint Filed/Proposed Order
• 1997-08-14Enforcement Action Data Entered