EPA v. ANTI-FREEZE, INC. AND JOHN BROUSSARD

Case summary

1. SECTION 107(L)(1) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS A- MENDED, 42 U.S.C. SECTION 9607(L)(1). 2. JOHN BROUSSARD ANTI-FREEZE, INC. SITE SECTION 48, TOWNSHIP 12 SOUTH, RANGE 3 EAST, THIRD WARD, ABBEVILLE, VERMILION PARISH, LOUISIANA 70511 3. THE ANTI-FREEZE, INC. SITE WAS THE SUBJECT OF A REGION 6 REMOVAL ACTION WHICH WAS CONDUCTED BETWEEN JAN. AND APR. 1998. THE CLEANUP OF THE ANTI-FREEZE, INC. SITE COST AP- PROXIMATELY $957,000. THE LAST KNOWN OPERATOR OF THIS SITE WAS IDENTIFIED AS JOHN BROUSSARD OF ABBEVILLE, LA. THE FACILITY WAS ACTIVE FROM EARLY 1991 TO SEPT. 4, 1997. REMOVAL ACTIVITIES RELATED TO THE FACILITY INCLUDED SEVERAL SATELLITE SITES IN THE AREA. JOHN BROUSSARD LEASED THE SITE FROM THE PROPERTY OWNERS, KENNETH M. STANSBURY AND MS. ANDRE CARMOUCHE, BOTH OF LAFAYETTE, LA. THE CHEMICAL STOCKS PRESENT ON THE SITE AT THE TIME OF THE SITE'S CLOSURE BELONGED TO ANTI-FREEZE, INC. MR. BROUSSARD WAS THE PRESIDENT AND CHIEF EXECUTIVE OFFICER ANTI-FREEZE, INC. BOTH JOHN BROUSSARD AND ANTI-FREEZE, INC. WERE INDICTED ON OCT. 10, 1996, FOR ENVIRONMENTAL CRIMES. BOTH PLED GUILTY ON JAN. 14, 1997. ON JUL. 15, 1997, MR. BROUSSARD WAS SENTENCED TO SERVE A TERM OF IMPRISONMENT OF 37 MONTHS, FOLLOWED BY 3 YEARS OF SUPERVISED RELEASE, AND A FINE OF $4,000 TO BE PAID TO EPA. ANTI-FREEZE, INC. WAS SENTENCED TO PAY THE MAXIMUM FINE OF $250,000 AND ALSO ORDERED TO PAY $1,000 TO THE LOUISIANA STATE POLICE, AND RESTITUTION OF $2,962,155 FOR THE COST OF ALL CLEANUPS. THE REGION HAS NOT BEEN SUCCESSFUL IN COLLECTING THE COSTS, AND NEITHER MR. BROUSSARD NOR ANTI-FREEZE APPEAR TO HAVE THE FINANCIAL RESOURCES TO SATISFY THE JUDGMENT. 4. RELIEF SOUGHT PURSUANT TO SECTION 107(L)(1) OF CERCLA, EPA FILED A SUPERFUND LIEN ON THE ANTI-FREEZE, INC. SITE TO SECURE PAYMENT TO THE U.S. OF ALL COSTS AND DAMAGES.

Defendants (2)

• ANTI-FREEZE, INC.Named in settlement
• JOHN BROUSSARDNamed in settlement

Facilities (1)

• ANTIFREEZE INCORPORATED

  702 STANSBURY LN., ABBEVILLE, LA, 70511

  Registry ID: 110002129198

Statutes cited

• CERCLA 107L — Lien

Enforcement conclusions (1)

• ANTI-FREEZE, INC. AND JOHN BROUSSARDentered 1998-10-20

  Primary law: CERCLA

Timeline (2 milestones)

• 1998-10-20Final Order Issued
• 1998-11-17Enforcement Action Data Entered