EPA v. FINDETT CORPORATION (HAYFORD BRIDGE ROAD G/W SITE)

Case summary

THE F/HBRGW SITE CONSISTS OF PROPERTIES OWNED AND OPERATED UPON BY THE DEFENDANT, THE CADMUS CORPORATION AND AREAS BENEATH SAID PROPERTIES AND NEARBY PROPERTIES TO WHICH THE PLUME OF CONTAMINATED GROUND WATER HAS SPREAD. THE SITE IS LOCATED IN ST. CHARLES COUNTY, MISSOURI, 25 MILES WEST OF ST. LOUIS AND THREE MILES NORTHWEST OF THE THE CITY OF ST. CHARLES AND SOUTH OF THE CITY OF CAMPVILLE. THE ELM POINT WELL FIELD, THE CADMUS CORPORATION FACILITY LIES ADJACENT TO, SOUTH OF, AND HYDROLOGICALLY UPGRADIENT TO DEFENDANT'S PROPERTY. THE PRIMARY SOURCE OF CONCERN BECAUSE OF THE GROUND WATER CONTAMINATION, LIES APPROXIMATELY 1800 FEET NORTHEAST OF DEFENDANT'S PROPERTY AND PROVIDES A POR- TION OF THE POTABLE WATER SUPPLY FOR THE CITY OF ST. CHARLES AND SURROUNDING AREAS. THE EPA AND THE MDNR BEGAN INVESTIGATIONS IN 1974, UPON DISCOVERY THAT THE DEFENDANT WAS INVOLVED IN THE REPROCESS- ING OR TREATMENT OF WASTES, SOME OF WHICH WERE CONTAMINATED WITH PCBS. BEGINNING IN 1962, WHEN DEFENDANT INITIATED ITS OPERATIONS AS THE FINDETT SERVICES COMPANY, THE DEFENDANT RECYCLED, REPROCESSED OR TREATED HEAT TRANSFER FLUIDS, HYDRAULIC FLUIDS, SOLVENTS AND PLATINUM CATALYSTS FOR VARIOUS INDUS- TRIES. DEFENDANT DISCONTINUED THE REPROCESSING OF MATERIALS CONTAINING PCBS AT CONCENTRATIONS OF GREATER THAN 50 PPM IN 1974. THE EARLY INVESTIGATIONS OF THE SITE, INCLUDING GROUND WATER MONITORING CONDUCTED BY THE DEFENDANT FROM 1983 THROUGH MID- 1985 PURSUANT TO A RCRA SECTION 3013 ADMINISTRATIVE ORDER, CONCERNED SAMPLING AND ANALYSIS FOR PCB CONTAMINATION. AS A RESULT OF THE PCB ANALYTICAL DATA, THE FINDETT CORP. SITE WAS PROPOSED AS AN NPL SITE ON 10/15/84. DURING DEFENDANT'S INSTALLATION OF THE GROUND WATER MONITORING WELLS UNDER THE RCRA ADMINISTRATIVE ORDER, SIGNIFICANT ORGANIC VAPOR READ- INGS WERE REPORTED WITH AN HNU PHOTOIONIZER. WHEN SUBSE- QUENT SAMPLING AND ANALYSES OF THE GROUND WATER CONFIRMED THE PRESENCE OF VOCS IN 1985, EMPHASIS SHIFTED FROM THE SUR- FACE PCB-CONTAMINATION TO THE GROUND WATER CONTAMINATION BECAUSE OF THE CLOSE PROXIMITY FO THE ELM POINT WELL FIELD. THE EPA DEVELOPED A WORK PLAN FOR A DETAILED REMEDIAL INVESTIGATION (RI) AND FEASIBILITY STUDY (FS) TO ADDRESS SITE CONDITIONS AND PROVIDED THE DEFENDANT WITH AN OPPORTUN- ITY TO CONDUCT THE WORK. AFTER CONSIDERABLE NEGOTIATIONS WITH THE DEFENDANT, DURING WHICH THE SCOPE OF THE RI WAS REDUCED, FINDETT REFUSED TO CONDUCT THE RI. THE EPA THEN CONDUCTED THE LIMITED PHASE I RI, WHICH CONFIRMED THE SIGNIFICANT GROUND WATER CONTAMINATION AND THE POTENTIAL ENDANGERMENT TO ELM POINT WELL FIELD. TO PROTECT THE WELL FIELD, EPA DETERMINED THAT AN OPERABLE UNIT REMEDIAL ACTION WAS NECESSARY AND THEN CONDUCTED AN OPERABLE UNIT FS. THE ROD WAS ISSUED ON 12/28/89, SELECTING REMEDIAL ACTIONS FOR THE SITE THAT INVOLVED: THE EXTRACTION TREATMENT/DISPOSAL OF CONTAMINATED GROUND WATER AND THE REMOVAL AND DISPOSAL OR TREATMENT OF CONTAMINATED SURFACE SOILS.

Defendants (2)

• CADMUS CORPORATION
• FINDETT CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• FINDETT CORPORATION

  8 GOVERNOR DR, SAINT CHARLES, MO, 633010000

  Registry ID: 110000798968

• FINDETT CORPORATION

  8 GOVERNOR DR, SAINT CHARLES, MO, 633010000

  Registry ID: 110000798968

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• FINDETT CORPORATIONentered 1990-05-14

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-09-20Enforcement Action Data Entered
• 1989-09-20PRN Sent
• 1989-12-29Referred To Dept Of Justice
• 1990-03-07Complaint Filed With Court
• 1990-05-14Final Order Lodged
• 1990-05-14Final Order Entered
• 1990-05-14Concluded
• 1990-05-14Enforcement Action Closed