EPA v. CHEMICAL COMMODITIES, INC./ROCKWELL INT'L. CORP., 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, PRESCRIPTION AND NON-PRESCRIPTION DRUGS, COSMETICS, LABORATORY AND INDUSTRIAL CHEMICALS AND HAZARDOUS SUBSTANCES AT A SITE LOCATED AT 300-320 S. BLAKE ST., OLATHE, KANSAS. THE SPILLAGE AND/OR LEAKAGE OF HAZARDOUS SUBSTANCES HANDLED AND STORED AT THE SITE HAS RESULTED IN SOIL AND GROUNDWATER CONTAMINATION. THE MAJOR SOIL CONTAMINANTS AT THE SITE ARE VOLATILE ORGANIC COMPOUNDS. THE MOST PREVALENT GROUNDWATER 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-TETRACHLOROETHAN. 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. EPA HAS THUS FAR EXPENDED APPROXIMATELY $2 MILLION 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
• ROCKWELL INTERNATIONAL CORP.Named in complaint

Facilities (1)

• CHEMICAL COMMODITIES INC

  320 S BLAKE, OLATHE, KS, 66061

  Registry ID: 110003152196

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Timeline (4 milestones)

• 1995-09-05Complaint Filed/Proposed Order
• 1995-09-05Final Order Issued
• 1995-09-12Enforcement Action Data Entered
• 1996-09-05Enforcement Action Closed