EPA v. CHARLES KNOTE, ET AL

Case summary

THIS IS A CASH OUT SETTLEMENT FOR PAST AND FUTURE RESPONSE COSTS INCURRED AND TO BE INCURRED AT THE KEM-PEST SITE. THE SITE IS A FORMER PESTICIDE FORMULATION PLANT OWNED AND OPER- ATED BY THE CHARLES KNOTE FAMILY, PERSONALLY AND THROUGH VARIOUS CORPORATE ENTITIES. THE PRPS ARE FINANCIALLY UNABLE TO REIMBURSE EPA FOR ITS RESPONSE COSTS WHICH ARE ESTIMATED AT $2.6 - 3.0 MILLION, INCLUDING FUTURE REMEDIAL COSTS. THE PRPS HAVE OFFERED TO PAY $455,000, WHICH IS BEING PAID PRIMARILY BY INSURANCE CARRIERS THAT ISSUED CGL POLICIES TO THE PRPS OVER A 15-YEAR PERIOD. THE INSURANCE COMPANIES ARE UNWILLING TO PAY MORE BECAUSE THE SITE IS LOCATED IN MO WHERE THE 8TH CIRCUIT HELD THAT RESPONSE COSTS ARE NOT DAMAGES WITHIN THE MEANING OF MOST CGL POLICIES. THUS IT IS THE REGION'S BELIEF THAT THIS IS THE ONLY SUBSTANTIAL AMOUNT OF COSTS THAT CAN BE RECOVERED.

Defendants (6)

• CAPE CHEMICAL COMPANY, INC.Named in complaintNamed in settlement
• CAPE-KIL PEST CONTROL COMPANY, INC.Named in complaintNamed in settlement
• KEM-PEST LABORATORIES, INC.Named in complaintNamed in settlement
• KNOTE, CHARLESNamed in complaintNamed in settlement
• KNOTE, ELIZABETHNamed in complaintNamed in settlement
• KNOTE, RUTHNamed in complaintNamed in settlement

Facilities (1)

• KEM-PEST LABORATORIES

  E OF ST HWY 177, CAPE GIRARDEAU, MO, 63701

  Registry ID: 110009339162

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122L — Violation of 122(a) Settlement or 120 Agreement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• CHARLES E. KNOTE, ET AL.entered 1991-05-24

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-02-08Enforcement Action Data Entered
• 1990-02-08PRN Sent
• 1990-09-28Referred To Dept Of Justice
• 1990-09-28Complaint Filed With Court
• 1991-05-24Final Order Lodged
• 1991-05-24Final Order Entered
• 1991-05-24Concluded
• 1991-05-24Enforcement Action Closed