EPA v. BLISS, RUSSELL MARTIN, ET AL./HORSE ARENA

Case summary

NATURE OF THE CASE: FROM 11/69 TO 12/71, NEPACCO, INC MANFCTRD HEXACHLORO- PHENE AT SYNTEX, VERONA, MO PLANT. PROD OF HEXACHLOROPHENE REQ PROD OF INTERMEDIATE, TRICHLORO- PHENOL. DURING PROD OF TRICHLOROPHENOL, TETRACHLOROBENZENE IS CONVERTED TO TCP AND DIOXIN IS UNAVOIDABLY PROD. NEPACCO TRANSFERRED STILL BOTTOMS CONTAINING DIOXIN VIA ENCLOSED PIPE SYSTEM TO INSUL TANK USED FOR STORAGE AT BACK OF VERONA PLT. IN 2/71, NEPACCO CONTRACTED W/INDEPENDENT PETROCHEMICAL CORP (IPC) FOR REMOVAL OF ACCUM WASTE. IPC SUBCONTRACTED W/RUSSEL BLISS FOR STILL BOTTOM REMOVAL. BLISS WAS IN WASTE OIL BUS. FROM 2/71 TO 10/71, BLISS PERIODICALLY COLLECTED NEPACCO'S WASTE FROM INSUL TANK AND MIXED W/WASTE OIL AT TANK FAC ON GERMAN BLVD IN FRONTENAC, MO. AS PRT OF WSTE OIL BUS, BLISS SPRAYED WSTE OIL ON VARIOUS GROUNDS FOR DUST CNTRL. ON 1/20/84, EPA FILED SUIT UNDER SEC 7003/RCRA AND SEC 104, 106, 107/CRCLA FOR INJUNC RELIEF AND COST RECOVERY FOR DIOXIN CONTAMINATION AT SIX SITES: SHENANDOAH STABLES, SADDLE AND SPUR CLUB, TIMBERLINE ARENAS, BUBBLING SPRINGS RANCH, BLISS TANK SITE, AND A RESIDENTIAL AREA NEAR ROSATI, MO. THESE SITES WERE CONTAMINATED DUE TO OILING BY BLISS IN 1971. 01/14/88 07-87-017 CASE SUMMARY: DIOXIN CONTAMINATED WASTE OIL WAS SPRAYED ON THIS SITE IN THE EARLY 1970'S. THE DIOXIN ORIGINATED A BY-PRODUCT FROM THE PRODUCTION OF AGENT ORANGE AND HEXACHLOROPHENE AT A CHEMICAL PLANT LOCATED IN VERONA, MISSOURI BETWEEN 1968 AND 1971 BY HOFFMAN-TAFF, INC. AND NORTHEASTERN CHEMICAL AND PHARMACEUTICAL COMPANY, INC. (NEPACCO) RESPECTIVELY. MICHAELS AND LEE WERE THE PRESIDENT AND VICE-PRESIDENT OF NEPACCO. THE DIOXIN WASTES WERE STORED IN A TANK LOCATED AT THE BACK OF THE PLANT. INDEPEDENT PETROCHEMICAL CORPORATION (IPC) MADE ARRANGEMENTS WITH RUSSELL BLISS, D/B/A BLISS WASTE OIL SERVICE TO REMOVE THOSE WASTES. BLISS LATER MADE SEPARATE ARRANGEMENTS WITH NEPACCO. BLISS TRANSPORTED THE DIOXIN WASTES TO HIS TANK FARM IN SUBURBAN ST. LOUIS, MO WHERE THEY WERE MIXED WITH WASTE OIL. THIS DIOXIN CON- TAMINATED OIL WAS SPRAYED ON MANY SITES IN THE ST. LOUIS AREA FOR THE PURPOSES OF DUST SUPPRESSION. JERRY-RUSSELL BLISS, INC. IS THE SUCCESSOR CORPORATION TO THE BLISS WASTE OIL BUSINESS. THE ASSETS OF HOFFMAN-TAFF, INC. WERE SOLD TO SYNTEX LABORATORIES, INC. IN 1969. DUE TO CORPORATE NAME CHANGES AND OTHER LEGAL CONSIDERATIONS, SYNTEX (USA), INC. IS THE SUCCESSOR IN INTEREST TO HOFFMAN-TAFF, INC. WHO PRODUCED AGENT ORANGE AND WHO ALSO USED THE TANK WHERE NEPACCO STORED THEIR WASTE FOR THE STORAGE OF 2,4,5-TRICHLOROPHENOXYACETIC ACID WHICH ALSO CONTAINED IN DIOXIN. SYNTEX AGRIBUSINESS, INC. IS THE PRESENT NAME OF THE CORPORATION WHICH LEASES SPACE AND HAD MANY OTHER CONNECTIONS TO NEPACCO AT THE VERONA PLANT. SYNTEX CORPORATION IS THE PARENT CORPORATION TO ALL OF THE OTHER SYNTEX ENTITIES. THE LIABILITY OF AGRIBUSINESS IS BASED ON ITS COMPLEX RELATIONSHIP WITH NEPACCO. THE LIABILITY OF THE OTHER SYNTEX ENTITIES IS IS BASED ON THE ALLEGED CONTROL OF AGRIBUSINESS BY THEM.

Defendants (29)

• BLISS, EVELYNNamed in complaintNamed in settlement
• BLISS, JERRYNamed in complaintNamed in settlement
• BLISS, RUSSELL MARTINNamed in complaintNamed in settlement
• BODINE, LORENNamed in complaintNamed in settlement
• BODINE, SOPHIENamed in complaintNamed in settlement
• BUBBLING SPRINGS RANCH, INC.Named in complaintNamed in settlement
• BUTLER, EARLNamed in complaintNamed in settlement
• CARDETTI, BERTHANamed in complaintNamed in settlement
• CARDETTI, KIMBERLYNamed in complaintNamed in settlement
• CARDETTI, RICHARDNamed in complaintNamed in settlement
• EMERY, KATHERINENamed in complaintNamed in settlement
• GARVEY, BEVERLY
• GASTINEAU, CARL
• GASTINEAU, SHIRLEY
• GRIZZLE, BOBBY L.
• INDEPENDENT PETROCHEMICAL CORPORATIONNamed in complaintNamed in settlement
• JERRY-RUSSELL BLISS, INC.Named in complaintNamed in settlement
• LEE, JOHN W.Named in complaintNamed in settlement
• MARNATI, HENRY
• MARNATI, SANTINANamed in complaintNamed in settlement
• MICHAELS, EDWIN B.Named in complaintNamed in settlement
• NORTHEASTERN PHARMACEUTICAL & CHEMICAL CNamed in complaintNamed in settlement
• SADDLE & SPUR CLUB, INC.
• STOBAR, INC.
• SYNTEX (USA), INC.Named in complaintNamed in settlement
• …and 4 more

Facilities (30)

• BRISTOL STEEL

  3117 BIG BEND BLVD, MAPLEWOOD, MO, 63143

  Registry ID: 110003982361

• SOUTHWESTERN BELL EUREKA SITE

  STONEGATE & WILLIAMS RD S I-44, EUREKA, MO, 63025

  Registry ID: 110009339536

• EAST TEXAS MOTOR FREIGHT

  119 DOUGLASS ST, SAINT LOUIS, MO, 63147

  Registry ID: 110017999754

• ELLISVILLE SITE

  NEAR ELLISVILLE, ELLISVILLE, MO, 63011

  Registry ID: 110009351968

• AGRIBUSINESS TECHNOLOGIES INC

  HWY 44, TIMES BEACH, MO, 63025

  Registry ID: 110007637450

• OVERNITE TRANSPORTATION CO

  7455 HALL ST, SAINT LOUIS, MO, 63147

  Registry ID: 110003949434

• EAST NORTH STREET - EUREKA

  E NORTH ST, EUREKA, MO, 63025

  Registry ID: 110009339251

• SHENANDOAH STABLES

  1927 WEST OUTER ROAD, MOSCOW MILLS, MO, 63362

  Registry ID: 110017985313

• BULL MOOSE TUBE COMPANY

  406 E. INDUSTRIAL DRIVE, GERALD, MO, 63037

  Registry ID: 110001454505

• ABF FREIGHT SYSTEM INC

  8630 N HALL ST, SAINT LOUIS, MO, 63147

  Registry ID: 110003943751

• MANCHESTER METHODIST CHURCH

  129 WOODS MILL RD, MANCHESTER, MO, 63011

  Registry ID: 110003981228

• ROSATI SITE RESIDENTIAL SITE

  HWY KK & COUNTY RD 268, ROSATI, MO, 65559

  Registry ID: 110010662229

• SOUTHERN CROSS LUMBER & MILLWORK

  143 MCDONNELL BLVD, SAINT LOUIS, MO, 63134

  Registry ID: 110001456987

• SOUTHERN CROSS LUMBER & MILLWORK

  143 MCDONNELL BLVD, SAINT LOUIS, MO, 63134

  Registry ID: 110001456987

• LACY MANOR DEVELOPMENT

  403 B SANDCUT RD, CEDAR HILL, MO, 63016

  Registry ID: 110009294174

• …and 15 more

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (2)

• BLISS - NEPACCOentered 1990-12-31

  Primary law: CERCLA

• BLISS - SYNTEXentered 1990-12-31

  Primary law: CERCLA

Timeline (9 milestones)

• 1982-08-01Enforcement Action Data Entered
• 1983-04-01Referred To Headquarters
• 1983-07-23Referred To Dept Of Justice
• 1983-07-23Referred TO U.S. Attorney
• 1984-01-20Complaint Filed With Court
• 1990-12-31Final Order Lodged
• 1990-12-31Final Order Entered
• 1995-12-31Enforcement Action Closed
• 1995-12-31Pipeline Closed