EPA v. NEPACCO, ET AL., SYNTEX AGRIBUSINESS

Case summary

NORTH EASTERN PHARMACEUTICAL & CHEM CO, INC. SYNTAX AGRI- BUSINESS INC., ET AL., AURORA, MO, FILED 8/1/80, CIVIL ACTION #80-5066-CV-SW, US DIST CT FOR THE WESTERN DISTRICT OF MO, SW DIV, A C.D. WAS ENTERED IN THE US DIST CT FOR THE WEST DIV OF MO BETWEEN ONE OF THE DEFENDENTS, SYNTEX AGRIBUSINESS, INC., AND THE US, TO FORMULATE & IMPLEMENT A PLAN FOR REMOVAL OF ALL HAZARDOUS WSTE IN & ADJACENT TO DISPOSAL TRENCH NEAR AURORA, MO, WHICH POSES AN IMMINENT & SUBSTANTIAL ENDANGERMNT TO HEALTH & THE ENVIRONMENT. DEFENDANT, N.E. PHARMACEUTICAL & CHEM CO., INC. WAS ENGAGED IN THE MANUFACTURE OF THE BACTERICIDE HEXACHLOROPHENE AT SYNTEX'S VERONA PLANT. WSTES RESULTING FROM MANUFACTURING PROCESS INCLUDING DIOXIN, 2, 4, 5 TRICHLOROPHENOL (TCP) AND 1, 2, 4,5 TETRACHLOROBENZENE (TCB), WERE DEPOSITED BY AN IND IN A TRENCH ON THE DENNY FARM. IN 1969 THE CO. ENTERED INTO AN AGREEMNT W/ HOFFMAN-TAFT, INC. WHEREBY NEPACCO LEASED THE PREMISES & PURCHASED EQUIPMNT FROM A HOFFMAN-TAFT MANUFACTURING FACILITY LOCATED NEAR VERONA, MO. SYNTEX PURCHASED HOFFMAN-TAFT IN DEC 1969, & SUCCEEDED TO THE PROPERTIES RIGHTS & DUTIES WHICH WERE PART OF THE AGREEMENT BETWEEN NEPACCO & HOFFMAN-TAFT. OTHER NAMED DEFENDANTS ARE 2 OF THE CORPORATE OFFICERS, EDWIN MICHAELS & JOHN LEE, AS WELL AS THE INDIVIDUAL THAT TRANSPORTED THE WSTES, RONALD MILLS.

Defendants (5)

• SYNTEX AGRIBUSINESSNamed in complaintNamed in settlement
• LEE, JOHN W.Named in complaintNamed in settlement
• MICHAELS, EDWIN B.Named in complaintNamed in settlement
• MILLS, RONALDNamed in complaintNamed in settlement
• NORTHEASTERN PHARMACEUTICAL & CHEMICALNamed in complaintNamed in settlement

Facilities (1)

• SYNTEX AGRIBUSINESS INC

  HWY VV RR 1, AURORA, MO, 65605

  Registry ID: 110017993288

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (2)

• NEPACCO/SYNTEX JUDGMENTentered 1984-04-16

  Primary law: CERCLA

• NEPACCO/SYNTEX CONSENT DECREEentered 1980-09-03

  Primary law: CERCLA

Timeline (8 milestones)

• 1980-02-01Referred To Headquarters
• 1980-06-25Referred To Dept Of Justice
• 1980-08-01Referred TO U.S. Attorney
• 1980-08-01Complaint Filed With Court
• 1984-04-16Final Order Lodged
• 1984-04-16Final Order Entered
• 1984-04-16Concluded
• 1991-12-31Enforcement Action Closed