EPA v. HASTINGS IRRIGATION PIPE COMPANY

Case summary

THIS CASE WAS ORIGINALLY REFERRED TO DOJ ON DECEMBER 11, 1993. DOJ RETURNED THE PROPOSED CD AND REQUESTED CERTAIN CHANGES BE MADE. THE DOCUMENT WAS RESUBMITTED TO DOJ ON MARCH 18, 1993 WITH CHANGES MADE AS REQUESTED. THE CONSENT DECREE REQUIRES THE DEFENDANT TO PAY $169,820.77 FOR THE INVESTIGATION OF A SPILL. THAT AMOUNT ALSO INCLUDES OVERSIGHT COSTS INCURRED BY EPA IN CONNECTION WITH A REMOVAL ACTION CONDUCTED BY DEFENDANT. A COMPLAINT WAS FILED ON 9/10/93 ALLEGING DEFENDANT LIABLE FOR PAST INVESTIGATIVE COSTS OF 1,1,1-TRICHLOROETHANE(TCA) CONTAMINATION AND OVERSIGHT COSTS INCURRED BY EPA IN CONNECTION WITH REMOVAL OF TCA-CONTAMINATED SOIL. A CONSENT DECREE WAS LODGED ON 9/10/93 WHEREIN DEFENDANT AGREES TO PAY FOR PAST INVESTIGATIVE COSTS AND OVERSIGHT COSTS REFERENCED ABOVE. THIS IS A PARTIAL CONSENT DECREE FOR THE FAR-MAR-CO SUBSITE, PART OF HASTINGS GROUND WATER CONTAMINATION SITE. THERE ARE PRPS AT THE FAR MAR CO SUBSITE. FARMLAND, MORRISON, QUIRK GRAIN CORP. MORRISON ENTERPRISES COOPERATIVE PRODUCERS INC., AND HASTINGS IRRIGATION PIPE CO. MORRISON-QUIRK HAS SETTLED PAST COSTS OF $2,150,000 WITH THE U.S. THIS SETTLEMENT PROVIDES $169,820.77 IN PAST COSTS. MORE THAN $1,000,000 PAST COSTS REMAIN. EPA INTENDS TO PURSUE UNRECOVERED PAST COSTS FROM OTHER PRPS. THIS SETTLEMENT WAS A CARVE OUT OF COSTS ASSOCIATED WITH 1,1,1-TRICHLOROETHANE(TCA) CONTAMINATION. THE WIDESPREAD CONTAMINATION REMAINING TO BE CLEANED UP CONCERNS OTHER CONTAMINANTS. THIS DEFENDANT CLEANED UP ITS TCA SPILL AND IS NOT LINKED TO ANY OTHER CONTAMINANTS.

Defendants (5)

• FARMLAND INDUSTRIESNamed in complaintNamed in settlement
• MORRISON ENTERPRISESNamed in complaintNamed in settlement
• COOPERATIVE PRODUCERS, INC.Named in complaintNamed in settlement
• HASTINGS IRRIGATION PIPE COMPANYNamed in complaintNamed in settlement
• MORRISON-QUIRK GRAIN CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• HASTINGS IRRIGATION & PIPE COMPANY

  1801 E SOUTH ST, HASTINGS, NE, 689016481

  Registry ID: 110001517831

• HASTINGS IRRIGATION & PIPE COMPANY

  1801 E SOUTH ST, HASTINGS, NE, 689016481

  Registry ID: 110001517831

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• HASTINGS IRRIGATION PIPE COMPANYentered 1993-11-22

  Primary law: CERCLA

Timeline (9 milestones)

• 1992-01-01Enforcement Action Data Entered
• 1992-12-11Referred To Dept Of Justice
• 1993-01-14Returned To Region
• 1993-08-02Rereferred
• 1993-09-10Complaint Filed With Court
• 1993-11-22Concluded
• 1993-11-22Final Order Lodged
• 1993-11-22Final Order Entered
• 1993-12-03Enforcement Action Closed