EPA v. U.S. V AMOCO PLC ET AL

Case summary

9/15/00: THE SETTLING DEFENDANTS (BP AMOCO PLC, BAYER CORPO RATION, CHEVRON CHEMICAL COMPANY, MONSANTO COMPANY, AND SHEL L OIL CONTRACTED WITH DICO, INC. AND DICO'S PREDECESSOR COMP ANIES TO HAVE HERBICIDES AND PESTICIDES FORMULATED AT DICO'S FACILITY LOCATED AT 200 SOUTHWEST SIXTEENTH STREET, DES MOI NES, POLK COUNTY, IOWA. RELEASES OF HERBICIDES AND PESTICID ES CONTAMINATED A SUBSTANTIAL PORTION OF THE SURFACE AREA OF DICO'S PROPERTY AND SURFACE DRAINAGE AREAS JUST OFF DICO'S PROPERTY. MOST OF THE NECESSARY SITE CLEANUP WORK WITH RESP ECT TO HERBICIDE AND PESTICIDE RELEASES WAS CONDUCTED IN A S ERIES OF REMOVAL ACTIONS WHICH HAVE ALREADY BEEN COMPLETED. THE ONLY REMAINING RESPONSE ACTIONS FOR OPERABLE UNITS 2 AN D 4 ARE LONG-TERM OPERATION AND MAINTENANCE OF ALREADY COMPL ETED REMOVAL ACTIONS AND INSTITUTIONAL CONTROLS. THE OTHER TWO IDENTIFIED POTENTIALLY RESPONSIBLE PARTIES, DI CO, INC. AND ITS PARENT TITAN WHEEL INTERNATIONAL, WHICH OWN AND OPERATE THE SITE, DECLINED TO PARTICIPATE IN THE SETTLE MENT NEGOTIATIONS AND ARE NOT PARTIES TO THE CONSENT DECREE. THE CONSENT DECREE PROVIDES FOR THE SETTLING DEFENDANTS TO P AY INTO THE HAZARDOUS SUBSTANCE SUPERFUND $2,513,808, PLUS I NTEREST FROM THE DATE OF THE LODGING OF THE CONSENT DECREE. THIS AMOUNT REPRESENTS THE SETTLING DEFENDANTS' FAIR SHARE OF ALL PAST AND ESTIMATED FUTURE RESPONSE AND OVERSIGHT COST S FOR OPERABLE UNITS 2 AND 4 (OU2/4) OF THE DES MOINES TCE S ITE (THE SITE). EPA CALCULATED THE SETTLING DEFENDANTS' FAI R SHARE BASED UPON A NON-BINDING PRELIMINARY ALLOCATION OF R ESPONSIBILITY (NBAR) PREPARED IN ACCORDANCE WITH SECTION 122 (E)(3) OF CERCLA. THIS AMOUNT WILL REIMBURSE ALL OF EPA'S P AST RESPONSE COSTS, INTEREST ON ALL PAST COSTS, AND ALL ANTI CIPATED FUTURE OVERSIGHT COSTS. IT ALSO INCLUDES A SETTLEME NT PREMIUM BASED ON ANTICIPATED FUTURE WORK AT THE SITE. THIS AMOUNT EXCEEDS EPA'S OUTSTANDING COSTS, WITH INTEREST , SO THE BALANCE OF THE SETTLEMENT AMOUNT WILL BE PLACED IN A SPECIAL ACCOUNT TO BE USED FOR FUTURE WORK AT THE SITE, I. E.,0LONG-TERM OPERATION AND MAINTENANCE OF ALREADY COMPLETED REMOVAL ACTIONS AND INSTITUTIONAL CONTROLS. THIS AMOUNT SLIGHTLY EX CEEDS OUR CURRENT ESTIMATE OF COSTS OF FUTURE WORK FOR OU2/4

Defendants (5)

• BAYER CORPORATIONNamed in complaintNamed in settlement
• CHEVRON CHEMICAL COMPANYNamed in complaintNamed in settlement
• MONSANTO COMPANYNamed in complaintNamed in settlement
• SHELL OIL COMPANYNamed in complaintNamed in settlement
• AMOCONamed in complaintNamed in settlement

Facilities (4)

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

• DICO INCORPORATED

  200 SOUTHWEST 16TH STREET, DES MOINES, IA, 50309

  Registry ID: 110002119537

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• U.S. V BP AMOCO ET ALentered 2000-09-29

  Primary law: CERCLA

Timeline (8 milestones)

• 1999-10-08Referred To Dept Of Justice
• 1999-11-29Final Order Lodged
• 1999-11-29Complaint Filed With Court
• 2000-09-15Enforcement Action Data Entered
• 2000-09-29Final Order Entered
• 2000-09-29Concluded
• 2005-12-31Enforcement Action Closed
• 2005-12-31Pipeline Closed