EPA v. SOLID STATE CIRCUITS, REPUBLIC, MO

Case summary

THE SOLID STATE CIRCUITS SUPERFUND SITE IS LOCATED IN REPUBLIC, MISSOURI. FROM 1968 TO 1973, SOLID STATE CIRCUITS, INC. (SSC) GENERATED COPPER-BEARING WASTE WATERS AND SPENT TCE, WHICH WAS RELEASED INTO THE GROUNDWATER THAT SUPPLIES THE CITY OF REPUBLIC. AS A RESULT OF REMOVAL ACTIVITIES BY BOTH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES (MDNR) AND EPA, THE AREA WAS EXCAVATED AND CONTAMINATED SOIL WAS DISPOSED OF OFF-SITE. ON APRIL 13, 1985 MDNR FILED A COMPLAINT AGAINST SSC IN WHICH IT ALLEGED SSC WAS LIABLE TO THE STATE UNDER SECTION 107(A) OF CERCLA AND THE MISSOURI COMMON LAW OF NUISANCE FOR REIMBURSEMENT OF COSTS INCURRED OR TO BE INCURRED BY THE STATE IN CONNECTION WITH THE SITE AND FOR DAMAGES FOR INJURY TO THE NATURAL RESOURCES OF THE STATE. ON MAY 26, 1986, THE STATE AND SSC ENTERED INTO A PARTIAL CONSENT DECREE WHICH ADDRESSED THE ISSUE OF PAST RESPONSE COSTS AND LEFT OPEN THE OTHER ISSUES. ON NOVEMBER 20, 1986, THE STATE AND SSC ENTERED INTO A SECOND PARTIAL CONSENT DECREE ON CERTAIN ISSUES, BUT LEFT OPEN THE ISSUES OF LIABILITY FOR FUTURE RESPONSE COSTS AND NATURAL RESOURCES DAMAGES. ON JULY 17, 1987, THE UNITED STATES, ON BEHALF OF EPA, FILED A COMPLAINT AGAINST SSC PURSUANT TO SECTIONS 104 AND 107 OF CERCLA, IN WHICH THE UNITED STATES SOUGHT: (1) RECOVERY OF COSTS RESULTING FROM THE REMOVAL ACTION; (2) DECLARATORY JUDGMENT FOR FUTURE RESPONSE COSTS; AND (3) PUNITIVE (TREBLE) DAMAGES FOR FAILURE TO COMPLY WITH THE CERCLA SECTION 106 ADMINISTRATIVE ORDER EPA HAD EARLIER ISSUED. ON MARCH 1, 1988, THE UNITED STATES AND SSC ENTERED INTO A CONSENT DECREE IN WHICH THE UNITED STATES OBTAINED $945,000.00 AND PROVIDED SSC A COVENANT NOT TO SUE FOR PAST RESPONSE COSTS INCURRED PRIOR TO MARCH 1, 1988. BEGINNING IN 1986, PURSUANT TO MDNR'S SETTLEMENT, SSC PERFORMED A RI/FS FOR THE SITE. EPA'S ROD FOR THE SITE WAS ISSUED ON SEPTEMBER 27, 1989, AND CALLS FOR GROUNDWATER EXTRACTION, ON-SITE TREATMENT, AND DISCHARGE OF TREATED WATER TO THE CITY OF REPUBLIC'S POTW FOR FURTHER TREATMENT. ON DECEMBER 13, 1989, EPA ISSUED A SPECIAL NOTICE LETTER FOR RD/RA NEGOTIATIONS TO SSC, WHICH WAS RECEIVED BY SSC ON DECEMBER 15, 1989. THE FIRST MEETING WAS HELD ON DECEMBER 21, 1989, WITH THE STATE OF MISSOURI PARTICIPATING AS AN INTENDED PARTY TO ANY CONSENT DECREE AND AS LEAD AGENCY FOR THE RD/RA. SSC SUBMITTED A GOOD FAITH OFFER AND THE MORATORIUM WAS EXTENDED TO APRIL 16, 1990. NOT ALL ISSUES WERE RESOLVED BY APRIL 16, AND THE MORATORIUM WAS EXTENDED BY THE REGIONAL ADMINSTRATOR TO MAY 16, 1990. THE LAST NEGOTIATION MEETING WAS ON MAY 11, AND IT APPEARED THAT THERE WOULD BE ONE OUTSTANDING ISSUE FOR SETTLEMENT, NAMELY, UNDER WHAT CONDITIONS WOULD EPA EXCUSE A POTENTIAL PURCHASER OF SSC'S ASSETS FROM BEING BOUND BY THE CONSENT DECREE. THE MORATORIUM HAS EXPIRED AND NO EXTENSION FOR FORMAL NEGOTIATIONS IS PLANNED; HOWEVER, SSC WILL BE PERMITTED ONE DAY OF NEGOTIATIONS, ON THE ONE REMAINING ISSUE ONLY, ON MAY 29, 1990. AS A RESULT OF INFORMATION NOT AVAILABLE TO EPA AT THE TIME OF THE MARCH 1, 1988 SETTLEMENT, THERE ARE APPROXIMATELY $127,000 IN PAST RESPONSE COSTS NOT RECOVERABLE FROM SSC, BUT WHICH AMOUNT TO ONLY 1.5 PERCENT OF THE APPROXIMATELY $7.8 MILLION (NOT INCLUDING SSC'S POST-ROD, RD-RELATED WORK AND RD/RA OVERSIGHT), AND RD/RA FOR THE SITE. COST RECOVERY FROM OTHER PRPS OF THOSE COSTS IS A POSSIBILITY BUT IS NOT BEING PURSUED IN THESE NEGOTIATIONS.

Defendants (8)

• CENTRAL STEEL BUILDING, INC.
• INVESTORS HOLDING COMPANY, INC.
• WEINSAFT, NICHOLAS
• NORMAN, MAURICE
• PARADYNE CORPORATION
• SOLID STATE CIRCUITS, INC. A/K/A MRAC, INamed in complaintNamed in settlement
• THOMAS, RAYMOND
• TOBIAS, WARWICK

Facilities (1)

• SOLID STATE CIRCUITS, INC.

  MAIN ST, REPUBLIC, MO, 65738

  Registry ID: 110009294735

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122 — Superfund
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SOLID STATE CIRCUITS, INC.entered 1991-05-31

  Primary law: CERCLA

Timeline (9 milestones)

• 1989-06-09Enforcement Action Data Entered
• 1990-05-08PRN Sent
• 1990-08-10Referred To Dept Of Justice
• 1990-12-19Complaint Filed With Court
• 1991-05-31Final Order Lodged
• 1991-05-31Final Order Entered
• 1991-05-31Concluded
• 2005-12-31Enforcement Action Closed
• 2005-12-31Pipeline Closed