EPA v. ADVANCED RESIN SYSTEMS, INC. - ARCHEM SUPERFUND SITE

Case summary

1. SECTIONS 106(A), 107(A), 113(B), AND 122 OF THE COMPRE- HENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABIL- ITY ACT ( CERCLA ), 42 U.S.C. SECTION 9606(A), 9607(A), 9613(B), AND 9622. 2. ARCHEM SUPERFUND SITE 13103 CONKLIN LANE HOUSTON, HARRIS COUNTY, TEXAS 77034 3. THE ARCHEM SITE IS AN ABANDONED SPECIALTY CHEMICAL MANU- FACTURING FACILITY WHICH OCCUPIES 10.14 ACRES OF LAND, AND IS LOCATED IN A LIGHT INDUSTRIAL/RESIDENTIAL AREA. THE FACILITY CEASED OPERATION IN JUN. 1990, DUE TO BANK- RUPTCY PROCEEDINGS. THE FACILITY WAS FINALLY ABANDONED IN A DETERIORATED CONDITION IN APR. 1991. ON MAR. 4, 1992, THERE WAS A RUPTURE OF A 55-GALLON STEEL DRUMCONTAINING HAZARDOUS MATERIALS. ON AUG. 11 AND 12, 1992, THERE WAS ANOTHER RELEASE OF ALUMINUM CHLORIDE. 10,000 ALLONS OF FURFURAL AND FURFURAL ALCHOL AND 10,000 GALLONS OF BUTANEDIOL WERE REMOVED FROM THE SITE. ON MAY 28, 1994, A VAPOR CLOUD WAS REPORTED TO BE ISSUING FROM THE SITE. THE CLOUD WAS FORMED FROM THE RELEASE OF A1C13. ON MAR. 29, 1993, THE TNRCC FORMALLY REUESTED EPA TO CON- DUCT AN EPA LED-EMERGENCY RESPONSE TO ADDRESS THE IMMED- IATE THREATS THE POSED BY THE PRESENCE OF HAZARDOUS SUB- STANCES AT THE SITE. A REQUEST FOR A TIME CRITICAL REMOV- AL WAS ISSUED AND APPROVED ON MAR. 30, 1995. ACTUAL EPA SITE ACTIVITY COMMENCED ON JUN. 19, 1995. THE SITE WAS DEMOBILIZED ON APR. 24, 1996. PAST RESPONSE COSTS, PAID BY EPA, AS OF FEB. 28, 1997, CAME TO $2,004,504.31. THERE ARE SEVERAL DOZEN POTENTIALLY RESPONSIBLE PARTIES (PRPS). 4. RELIEF SOUGHT PURSUANT TO SECTION 107 OF CERCLA, EPA RE- FERRED TE REFERRAL TO DOJ REQUESTING A CIVIL ACTION FOR RECOVERY OF RESPONSE COSTS THAT HAVE BEEN AND WILL BE IN- CURRED BY THE U.S. IN RESPONSE TO RELEASES AND THREATENED RELEASES OF HAZARDOUS SUBSTANCES FROM THE ARCHEM SUPER- FUND SITE. THE U.S. ALSO SEEKS A DECLARATORY JUDGMENT THAT THE DEFENDANTS SHALL BE LIABLE FOR ANY RESPONSE COSTS INCURRED BY THE US. IN THE FUTURE WITH RESPECT TO THE SITE.

Defendants (22)

• ARCO CHEMICAL COMPANYNamed in complaint
• ELF ATOCHEM NORTH AMERICA, INC.Named in complaint
• EXXON CHEMICAL AMERICASNamed in complaint
• ADVANCED RESINS SYSTEMSNamed in complaintNamed in settlement
• AMOCONamed in complaint
• AMSPECNamed in complaintNamed in settlement
• CHEMFIRST INC.Named in complaint
• CHEMLINK PETROLEUM, INC.Named in complaint
• CIBA SPECIALTY CHEMICALS CORP. N. A.Named in complaint
• CREANOVA INC.Named in complaint
• D&O CHEMICALS, INC.Named in complaint
• DIXIE CHEMICAL COMPANY, INC.Named in complaintNamed in settlement
• E.I. DUPONT DEMOURS & COMPANYNamed in complaint
• ETHYL CORPORATIONNamed in complaint
• FERRO CORPORATIONNamed in complaint
• GAF CORPORATIONNamed in complaint
• GREAT LAKES CHEMICAL CORPORATIONNamed in complaint
• KALAMA CHEMICAL/KALAMA SPECIALTY CHEMICANamed in complaint
• KOCH INDUSTRIES INC,Named in complaint
• NIPA HARDWICK CHEMICAL, INC.Named in complaint
• PMC INC.Named in complaint
• POLAROME INTERNATIONAL, INC.Named in complaint

Facilities (1)

• ARCHEM CO

  13103 CONKLIN, HOUSTON, TX, 77034

  Registry ID: 110002133593

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (3)

• US V ADVANCED RESINS SYSTEMS, INC., ST AL.entered 2001-11-12

  Primary law: CERCLA

• ADVANCED RESIN SYSTEMS, INC., ET AL.entered 2001-11-08

  Primary law: CERCLA

• ADVANCED RESIN SYSTEMS, INC., ET ALentered 2001-10-01

  Primary law: CERCLA

Timeline (6 milestones)

• 1999-03-17Referred To Dept Of Justice
• 1999-03-22Enforcement Action Data Entered
• 1999-12-14Complaint Filed With Court
• 2001-08-24Final Order Lodged
• 2001-11-12Final Order Entered
• 2001-11-13Concluded