EPA v. CHEMICAL COMMODITIES, INC., 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 TECTRACHLORIDE, 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 RD., 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. THIS REFERRAL IS FOR ADDITIONAL FUNDS EXPENDED TO COMPLETE THE REMOVAL ACTION AT THE OLATHE SITE.

Defendants (9)

• ASHLAND INCNamed in complaintNamed in settlement
• BNSF RAILWAY COMPANYNamed in complaintNamed in settlement
• MALLINCKRODT INCNamed in complaintNamed in settlement
• LUCENT TECHNOLOGIES, INCNamed in complaintNamed in settlement
• HONEYWELL FEDERAL MANUFACTURING AND TECHNOLOGIES,Named in complaint
• HALLMARK CARDS, INCNamed in complaintNamed in settlement
• ALLIANT TECHSYSTEMS INC, AS SUCCESSOR TO CORDANT TNamed in complaintNamed in settlement
• CERTAINTEED CORPORATIONNamed in complaintNamed in settlement
• THE BOEING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CHEMICAL COMMODITIES INC

  320 S BLAKE ST, OLATHE, KS, 66061

  Registry ID: 110003152196

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ASHLAND CHEMICAL COMPANY, ET ALentered 2007-02-22

  Primary law: CERCLA

Timeline (8 milestones)

• 1996-09-01Enforcement Action Data Entered
• 1996-09-10Referred To Dept Of Justice
• 2006-12-21Complaint Filed With Court
• 2006-12-21Final Order Lodged
• 2006-12-29Public Comment on CD if required
• 2007-02-22Enforcement Action Closed
• 2007-02-22Final Order Entered
• 2007-02-22Pipeline Closed