EPA v. LEMAR DRIVE SITE

Case summary

THE LEMAR DRIVE SITE IS ANOTHER SITE THAT REGION VII SEEKS TO ADD TO THE EXISTING MISSOURI DIOXIN LITIGATION (U.S. V. BLISS) WHICH WAS ORIGINALLY FILED IN THE EASTERN DIVISION OF MISSOURI ON JANUARY 20, 1984. THE ORIGINAL COMPLAINT INCLUDED SIX SITES AND WAS AMENDED OVER THE YEARS TO BRING IN A TOTAL OF 28 SITES, ALL OF WHICH HAVE COMMON ELEMENTS AND COMMON DEFENDANTS. THAT CASE WAS RESOLVED OVER THE COURSE OF THE YEARS WITH SEVERAL CONSENT DECREES. THE RESOLUTION CULMINATED WITH THE CONSTRUCTION OF AN INCINERATOR AT THE TIMES BEACH SITE BY THE SYNTEX DEFENDANTS. IN JULY, 1997, THE CONTAMINATED MATERIAL FROM ALL THE SITES HAD BEEN THERMALLY TREATED AND THE DECONSTRUCTION OF THE INCINERATOR HAD BEGUN. SHORTLY THEREAFTER, EPA WAS NOTIFIED BY SYNTEX THAT IT HAD RECEIVED A DEMAND FROM PRIVATE PARTIES RELATING TO DIOXIN CONTAMINATION AT A SITE PREVIOUSLY KNOWN TO EITHER EPA OR SYNTEX. THAT SITE CAME TO BE KNOWN AS THE LEMAR DRIVE SITE. AS A CONSEQUENCE OF THE DISCOVERY OF THE LEMAR DRIVE SITE, REGION VII BEGAN YET ANOTHER INVESTIGATION OF POTENTIAL DIOXIN SITES IN THE ST. LOUIS AREA. IN ADDITION TO THE INVESTIGATION OF SITES, EPA AGAIN COMMENCED THE TASK OF ESTABLISHING THE LIABILTY OF THE PREVIOUS DEFENDANTS SINCE THIS SITE HAD THE SAME FACT PATTERN AS THE PREVIOUS 28 SITES. THE SITE WAS SPRAYED FOR DUST CONTROL BY RUSSELL BLISS IN THE 1971 TIME PERIOD, THUS ESTABLISHING THE BASIS FOR THE LIABILITY OF THE PREVIOUSLY KNOWN DEFENDANTS. THE FACTUAL AND LEGAL BASES FOR THE LIABILITY OF THE DEFENDANTS ARE EXHAUSTIVELY RECITED IN THE APPROXIMATELY 25 LITIGATION PACKAGES THAT HAVE BEEN SUBMITTED OVER THE LAST 15 YEARS; IN THE MOTIONS FOR SUMMARY JUDGMENT WHICH WERE FILED AGAINST ALL DEFENDANTS IN THE MISSOURI DIOXIN LITIGATION; AND IN THE TEN POINT SETTLEMENT MEMORANDA AND OTHER SETTLEMENT DOCUMENTS FOR EACH CONSENT DECREE RELATING TO THE ORIGINAL 28 SITES. IN ADDITION, THE LIABILITY OF CERTAIN DEFENDANTS HAS BEEN ESTABLISHED IN AN OPINION PUBLISHED BY THE COURT, U.S. V. BLISS ET AL., 667 F.SUPP. 1298 (E.D. MO., 1987). ALL DEFENDANTS OTHER THAN THE SYNTEX DEFENDANTS ARE NOW INSOLVENT OR DEFUNCT. REGION VII HAS HAD PRELIMINARY SETTLEMENT DISCUSSIONS WITH SYNTEX. WE PLAN TO SEND SYNTEX A GENERAL NOTICE LETTER IN THE NEAR FUTURE. IN ADDITION, WE HAVE PROPOSED TO SYNTEX THAT, SUBJECT TO APPROVAL BY MANAGEMENT, WE WANT TO HOLD EXPEDITED NEGOTIATIONS WITH THE GOAL OF REACHING AN AGREEMENT WHEREBY SYNTEX WOULD IMPLEMENT THE RESPONSE ACTION AT BOTH SITES WITH PARTICIPATION BY EPA IN SOME ASPECTS OF THE RESPONSE ACTION, SIMILAR TO THE TERMS OF THE 1990 MIXED WORK CONSENMT DECREE ENTERED INTO BY SYNTEX, THE UNITED STATES AND THE STATE OF MISSOURI. THIS COULD TAKE THE FORM OF AN AMENDMENT TO THE EXISITING CONCENT DECREE OR MAY REQUIRE A NEW CONSENT DECREE.

Defendants (8)

• EDWIN MICHAELSNamed in complaint
• INDEPENDENT PETROCHEMICAL CORP.Named in complaintNamed in settlement
• JERRY-RUSSELL BLISS, INC.Named in complaint
• JOHN LEENamed in complaint
• NORTHEASTERH PHARMACEUTICAL & CHEMICALNamed in complaint
• RUSSELL BLISSNamed in complaintNamed in settlement
• SYNTEX (USA), INC.Named in complaintNamed in settlement
• SYNTEX AGRIBUSINESS, INC.Named in complaint

Facilities (1)

• LEMAR DRIVE SITE

  1041 LEMAR DR, ELLISVILLE, MO, 63011

  Registry ID: 110009338653

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LEMAR DRIVE SITEentered 1999-01-11

  Primary law: CERCLA

Timeline (8 milestones)

• 1998-05-19Enforcement Action Data Entered
• 1998-05-19PRN Sent
• 1998-10-29Referred To Dept Of Justice
• 1998-11-11Complaint Filed With Court
• 1999-01-11Final Order Lodged
• 1999-01-11Final Order Entered
• 2000-01-20Enforcement Action Closed
• 2000-01-20Pipeline Closed