EPA v. MARTHA ROSE CHEMICALS--GE

Case summary

MARTHA C. ROSE CHEMICALS, INC. CONSISTS OF A FACILITY LOCATED AT 500 W. MCKISSOCK IN HOLDEN, MO, WHERE PCBS HAVE BEEN RELEASED AS A RESULT OF ACTIVITIES OF ROSE, INC. BEGINNING IN EARLY 1983 TRHOUGH 1986, ROSE, INC. WAS ENGAGED IN THE BUSINESS OF BROKERAGE OF PCBS AND PCB ITEMS, PROCESS- OF PCB CAPACITORS AND TRANSFORMERS FOR DISPOSAL, AND DECON- TAMINATION OF MINERAL OIL DIELECTRIC FLUIDS CONTAINING PCBS. BETWEEN 1983 AND 1986, THE GERERATOR RESPONDENTS AND OTHER ENTITIES CAUSED MATERIALS CONTAINING PCBS TO BE SHIPPED TO THE HOLDEN FACILITY FOR PROPER DISPOSAL UNDER TSCA. ROSE, INC. DID NOT PROPERLY MANAGE, HANDLE, AND ARRANGE FOR THE LAWFUL DISPOSAL OF PCBS & PCB ITEMS SHIPPED TO ITS FACILITY. THE GENERATOR RESPONDENTS ASSERT THAT ROSE, INC. WAS ALSO IN VIOLATION OF ITS CONTRACTUAL OBLIGATION TO EACH GENERATOR RESPONDENT FOR FAILING TO PROPERLY MANAGE, HANDLE & ARRANGE FOR THE LAWFUL DISPOSAL OF PCBS AND PCB ITEMS. ROSE, INC. FAILED TO MANAGE, HANDLE AND DISPOSE OF PCBS AND PCB ITEMS IN ACCORDANE WITH THE APPLICABLE FEDERAL PCB REGU- LATIONS CONTAINED AT 40 C.F.R. PART 761. INVESTIGATIONS CONDUCTED BY EPA AND/OR MDNR HAVE DETECTED PCBS IN FAUNA SAMPLES DOWNSTREAM FROM THE HOLDEN FACILITY, IN SLUDGE DRYING BEDS AT THE HOLDEN CITY SEWAGE TREATMENT PLANT DOWNSTREAM APPROXIMATELY 1000 FEET FROM THE HOLDEN FACILITY, AND IN BRANCH AND CREEK SEDIMENTS DOWNSTREAM FROM THE HOLDEN FACILITY. EPA BELIEVES THESE DETECTED PCBS RESULTED FROM RELEASES OF PCBS AT THE HOLDEN FACILITY. IN APRIL AND MAY 1986, ROSE, INC. NOTIFIED, AMONG OTHERS, CERTAIN GENERATOR RESPONDENTS AND EPA EXPRESSING WITH ITS UNWILLINGNESS AND/OR INABILITY TO BOTH COME INTO COMPLIANCE WITH THE PCB RULES AND REGULATIONS, AND PROPERLY DISPOSE OF PCB AND PCB ITEMS AT THE HOLDEN FACILITY. SINCE APPROX MARCH 1, 1986, ROSE, INC. HAS NOT ENGAGED IN ACTIVE ON-SITE OPERATIONS, & ON OR NEAR THAT DATE ABANDONED THE HOLDEN FACILITY. BY LETTERS DATED 7/9/86, EPA REVOKED ROSE, INC.'S TRANSFORM- ER & CAPACITOR PROCESSING FOR DISPOSAL APPROVALS, EFFECTIVE JULY 11 AND 14, 1986, RESPECTIVELY. ON OR ABOUT 5/23/86, EPA ISSUED AN A.O., PURSUANT TO SECTION 106 OF CERCLA, TO MARTHA C. ROSE CHEMICALS, INC., AMERICAN STEEL WORKS, INC., W.C. CAROLAN COMPANY, INC., WALTER C. CAROLAN, AND ENVIRONMENTAL TECHNOLOGIES, INC., AMONG OTHERS. THE ABOVE NAMED PARTIES REFUSED TO COMPLY WITH THE TERMS AND CONDITIONS OF THE SAID A.O. BY LETTERS DATED 6/13 & 6/27/86 EPA NOTIFIED THE ABOVE-NAMED PARTIES THAT EPA WOULD CONSIDER OTHER ACTIONS BASED ON THE SAID PARTIES REFUSAL TO COMPLY WITH THE ORDER. UPON LEARNING THAT ROSE, INC. HAD CEASED ITS OPERATIONS, THE GENERATOR RESPONDENTS ACTED RESPONSIBLY TO SEEK AN ENVIRON- MENTALLY SOUND SOLUTION TO CONTAMINATION PROBLEMS AT THE HOLDEN FACILITY. THE GENERATOR RESPONDENTS, WITH THE ASSIST- ANCE OF THEIR CONSULTANT, CLEAN SITES, INC., ARE ORGANIZING & COORDINATING A JOINT EFFORT TO PROPERLY ADDRESS THE PROB- LEMS POSED BY THE PCBS & PCB ITEMS AT THE HOLDEN FACILITY. THE GENERATOR RESPONDENTS HAVE ARRANGED FOR 24-HOUR SURVAIL- LANCE BY PROPERLY TRAINED PERSONNEL.

Defendants (16)

• SAVANNAH ELECTRIC AND POWER COMPANY
• SOUTHWESTERN ELECTRIC POWER COMPANY
• WEST TEXAS UTILITIES COMPANY
• CAMPBELL SOUP COMPANY
• CENTRAL LOUISIANA ELECTRIC COMPANY, INC.
• EDISON COMPANY, COMMONWEALTH
• HOLDEN, MISSOURI, CITY OF
• ILLINOIS POWER COMPANY
• INTERSTATE POWER COMPANY
• IOWA PUBLIC SERVICE COMPANY
• KANSAS POWER AND LIGHT COMPANY
• LEAR SIEGLER, INC.
• MISSOURI PUBLIC SERVICE COMPANY
• NEW ENGLAND ELECTRIC SYSTEM, INC.
• NEW ORLEANS PUB SVC, INC/LOUISIANA P&L
• OKLAHOMA GAS AND ELECTRIC COMPANY

Facilities (1)

• ROSE MARTHA CHEMICALS INC

  2459 CHARLOTTE, KANSAS CITY, MO, 64108

  Registry ID: 110010587766

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (5 milestones)

• 1986-11-12Enforcement Action Data Entered
• 1986-11-12Complaint Filed/Proposed Order
• 1986-11-12Final Order Issued
• 1988-02-05Compliance Achieved
• 1988-02-05Enforcement Action Closed