EPA v. CHEMICAL COMMODITIES, INC.,/JERALD GERSHON, OLATHE, KS

Case summary

DURING THE PERIOD FROM 1951 UNTIL APPROXIMATELY 1989, CHEMICAL COMMODITIES, INC. ENGAGED IN THE FORMULATION OF PESTICIDES, RECLAMATION OF SPENT SOLVENTS, AND THE PURCHASE FOR RESALE, STORAGE AND REPACKAGING OF A WIDE VARIETY OF PRODUCTS, INCLUDING PESTICIDES, FOOD PRODUCTS, PRECRIPTION AND NON-PRESCRIPTION DRUGS, COSMETICS, LABORATORY AND INDUSTRIAL CHEMICALS AND HAZARDOUS SUBSTANCES, AT A SITE LOCATED AT 300-320 SOUTH BLAKE STREET, OLATHE, KANSAS. THE SPILLAGE AND/OR LEAKAGE OF HAZARDOUS SUBSTANCES HANDLED AND STORED AT THE SITE HAS RESULTED IN SOIL AND GROUND WATER CONTAMINATION. THE MAJOR SOIL CONTAMINANTS AT THE SITE ARE VOLATILE ORGANIC COMPOUNDS. THE MOST PREVALENT GROUND WATER CONTAMINANT IS TRICHLOROETHENE. OTHER MAJOR CONTAMINANTS WHICH HAVE BEEN DETECTED IN THE GROUNDWATER INCLUDE 1,1-DICHLOROETHANE, METHYLENE CHLORIDE, 1,1,1-TRICHLOROETHANE, CARBON TETRACHLORIDE, 1,2-DICHLOROETHANE, TETRACHLOROETHENE, AND 1,1,2,2-TETRACHLOROETHANE. AIR TOXICS STUDIES ALSO INDICATE THAT THE SITE IS A SOURCE OF AIR POLLUTION. A REMOVAL ACTION WAS COMMENCED AT THE SITE IN JULY, 1989. THE SITE IS OWNED BY CCI. JERALD GERSHON IS THE SOLE OFFICER, DIRECTOR AND STOCKHOLDER OF CCI. IN DECEMBER, 1988, CERCLA FUNDS WERE EXPENDED IN CONNECTION WITH THE REMOVAL AND DISPOSAL OF HAZARDOUS SUBSTANCES (1,100 POUNDS OF AMMONIUM PERCHLORATE) FROM A TRUCK WHICH CAUGHT FIRE NEAR A RESIDENTIAL AREA NEAR 70TH AND LEAVENWORTH ROAD, KANSAS CITY, KANSAS. THE TRUCK, OWNED BY GERSHON AND BEING OPERATED BY EMPLOYEES OF CCI, WAS TRANSPORTING THE AMMONIUM PERCHLORATE TO THE OLATHE SITE AT THE TIME OF THE INCIDENT. EPA HAS THUS FAR EXPENDED APPROXIMATELY $834,813.34 IN CONNECTION WITH RESPONSE ACTIONS TAKEN AT THESE SITES. ADDITIONAL FUNDS WILL BE EXPENDED TO COMPLETE THE REMOVAL ACTION AT THE OLATHE SITE.

Defendants (2)

• CHEMICAL COMMODITIES, INC.Named in complaint
• GERSHON, JERALDNamed in complaint

Facilities (1)

• CHEMICAL COMMODITIES INC

  320 S BLAKE, OLATHE, KS, 66061

  Registry ID: 110003152196

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (3 milestones)

• 1988-12-01Enforcement Action Data Entered
• 1990-06-08Referred To Dept Of Justice
• 1991-09-30Complaint Filed With Court