EPA v. RUSSELL MARTIN BLISS, ET AL.

Case summary

DURING THE LATE 1960S THROUGH THE MID 1970S, GROVER CAL- -AHAN TRANSPORTED DRUMMED WASTES FROM MANUFACTURING FACIL- ITIES OWNED & OPERATED BY AMERICAN CAN & GENERAL CABLE CORP (NOW A SUBSIDIARY OF GK TECHNOLOGIES, INC.) & DISPOSED OF SOME OF THE DRUMS AT THE ROSALIE SITE. (THE ROSALIE SITE IS ONE OF THREE NON-CONTIGUOUS PROPERTIES KNOWN COLLECTIVELY AS THE ELLISVILLE AREA SITE'). BOTH AMERICAN CAN & GENERAL CA BLE HAD ARRANGED WITH RUSSELL MARTIN BLISS, THEN DOING BUSI- ESS AS BLISS WASTE OIL CO. ( OR BLISS WASTE OIL SERVICE), FOR THE TRANSMITTAL & DISPOSAL OF THEIR WASTES. BLISS HIRED CALLAHAN TO HAUL WASTES FROM THE DEFENDANTS' FACILITIES. AT THE TIME OF THE DISPOSAL OF THE WASTES AT THE ROSALIE SITES, IT WAS OWNED BY HOULIHAN NURSERY COMPANY & A RESIDENT OF THE PROPERTY, AUTHORIZED THE DUMPING OF THE DRUMS BY CAL- LAHAN. ON AT LEAST ONE OCCASION, HOULIHAN ASSISTED IN THE D DUMPING ACTIVITIES. (THE OTHER HOULIHAN DEFENDANTS WERE OF- FICERS & DIRECTORS OF HOULIHAN NURSERY AT THE TIME OF THE FORFEITURE OF ITS CORPORATE CHARTER. UNDER MISSOURI LAW, THEY, ALONG WITH JOSEPH HOULIHAN, ARE STATUTORY TRUSTEES OF THE CORPORATION, MAKING THEM LIABLE FOR THE DEBTS OF THE COR PORATION TO THE EXTENT OF CORPORATE ASSETS DISTRIBUTED TO THEM.) THE SITE IS PRESENTLY OWNED BY ROSALIE INVESTMENT CO, AN UNINCORPORATED DEVELOPMENT FIRM. THE RESULTS OF ANALYSIS SAMPLES TAKEN AT THE SITE DURING EPA & STATE INVESTIGATIONS EVIDENCE THE RELEASE OF HAZARDOUS SUBSTANCES AT THE SITE. CERCLA FUNDS HAVE BEEN EXPENDED FOR REMEDIAL PLANNING, (I.E., REMEDIAL INVESTIGATION & FEASIBILI TY STUDY), ADMINISTRATIVE AND ENFORCEMENT ACTIVITIES. TO DATE, COSTS OF $176,747.00 HAVE BEEN INCURRED IN CONNECTION WITH THE SITE. NO ADDITIONAL FEDERAL EXPENDITURES ARE ANTI- CIPATED WITH RESPECT TO ON-SITE CLEANUP ACTIVITIES. SITE CLEANUP HAS BEEN UNDERTAKEN BY THE PRESENT SITE OWNER. DEMAND LETTERS WERE SENT, FEB 12,1986. AMERICAN CAN, GK TECHNOLOGIES, THE ORCHARD CORP. OF AMERICA & KISCO COMPANY, INC. ARE GENERATOR DEFENDANTS IN THE FEDERAL COST RECOVERY ACTION PENDING BEFORE THE U.S. DISTRICT COURT FOR THE EAS- TERN DISTRICT OF MISSOURI, SEEKING RECOVERY OF COSTS INCUR- RED AT THE ELLISVILLE/CALLAHAN SITE, ( UNITED STATES V. RUSSELL MARTIN BLISS, ET AL., NO. 84-2086C(3). THAT CASE HAS BEEN CONSOLIDATED WITH STATE OF MISSOURI V. GROVER CAL- LAHAN, ET AL., NO. 84-2092C(1) {CALLAHAN SITE}, AND STATE OF MISSOURI V. RUSSELL MARTIN BLISS, ET AL., NO. 84-1148C(2), {ROSALIE SITE}.

Defendants (1)

• AMERICAN CAN COMPANYNamed in complaint

Facilities (1)

• ROSALIE INVESTMENT CO

  1962 CLAYTON RD, ELLISVILLE, MO, 63011

  Registry ID: 110010694686

Statutes cited

• CERCLA 107 — Superfund

Timeline (7 milestones)

• 1986-05-02Enforcement Action Data Entered
• 1986-05-15Referred To Headquarters
• 1986-07-16Referred To Dept Of Justice
• 1987-08-20Referred TO U.S. Attorney
• 1987-08-24Complaint Filed With Court
• 1987-12-10Concluded
• 1987-12-10Enforcement Action Closed