EPA v. GREAT LAKES CONTAINER CORP

Case summary

10/6/00: THIS IS A SUPERFUND COST RECOVERY CASE PURSUANT TO SECTION 107(A) OF CERCLA TO RECOVER APPROXIMATELY $5,903,48 8.55 IN PAST RESPONSE COSTS INCURRED BY EPA IN ITS REMOVAL A CTIONS AT A DRUM RECLAMATION FACILITY IN ST. LOUIS, MISSOURI , FORMERLY OPERATED AS NORTHWESTERN COOPERAGE CO. (NWCC) AND ALSO FORMERLY OPERATED AS GREAT LAKES CONTAINER CORPORATION (GLCC). THE COST RECOVERY ACTION IS SUBJECT TO A THREE YEA R STATUTE OF LIMITATIONS WHICH BEGAN RUNNING ON OCTOBER 16, 1998, THE DATE OF LAST ON-SITE ACTIVITIES OF COMPLETION OF B ACKFILLING EXCAVATION AREAS AND DEMOBILIZING EQUIPMENT. THE STATUTE OF LIMITATIONS FOR THIS CASE LAPSES ON OCTOBER 16, 2001. THE GLCC SITE HAD A LONG HISTORY WITH MISSOURI DEPARTMENT OF NATURAL RESOURCES (MDNR) FROM 1980 UNTIL 1995. ON OCTOBER 31, 1995, THE GLCC SITE CAUGHT FIRE AND AS A RESULT, ON NOVE MBER 17, 1995, MDNR REQUESTED THAT THE EPA CONDUCT A REMOVAL ACTION AT THE GLCC SITE MDNR COMPLETED AN EXPANDED SITE INS PECTION (ESI) ON SEPTEMBER 29, 1995 WHICH SHOWED SAMPLING RESULTS FOR LEAD IN SOILS AS HIGH AS 8,520 PARTS PER MILLION (PPM). RESULTS FR OM EXTENSIVE SOIL SAMPLING AND SCREENING DURING EPA'S REMOVA L ASSESSMENT CONDUCTED IN APRIL 1996 DETECTED LEAD CONTAMINA TION IN SOILS AS HIGH AS 8,000 PPM DOWN TO A DEPTH OF TWO FE ET AND POLY-CHLORINATED BIPHENYLS (PCBS) CONTAMINATION IN SO ILS AS HIGH AS 800 PPM. DURING JANUARY 1996, AN INITIAL REM OVAL ACTION WAS CONDUCTED BY EPA TO STABILIZE THE SITE WHICH CONSISTED OF ERECTING A FENCE AND OVERPACKING 24 DRUMS TO B E REMOVED IN THE SUBSEQUENT REMOVAL. EPA CONDUCTED A SECOND REMOVAL ACTION THAT WAS BEGUN DURING JANUARY 1996 AND COMPL ETED IN OCTOBER 1998 IN WHICH APPROXIMATELY 820 DRUMS AND 62 ,058 TONS OF SOIL WERE REMOVED. TOTAL SITE COSTS AS OF 5/18 /00 WERE $5,903,488.55. THE CONTAMINATION ON-SITE WAS GENERATED BY THE WASTE DISPOSA L PRACTICES OF A FORMER DRUM RECLAMATION FACILITY FOR THE TI ME PERIOD OF 1952 TO 1985. DURING THAT TIME, TWO COMPANIES AND THE CONTAMINATION ON-SITE WAS GENERATED BY THE WASTE DISPOSA L PRACTICES OF A FORMER DRUM RECLAMATION FACILITY FOR THE TI ME PERIOD OF 1952 TO 1985. DURING THAT TIME, TWO COMPANIES AND THREE INDIVIDUALS OWNED THE PROPERTY AND THREE COMPANIE S OPERATED THE FACILITY. THE PROPERTY WAS INITIALLY PURCHAS ED BY NATHAN, BORIS AND BETTY JANE TUREEN IN THE 1950'S WHO FORMED NABOR INDUSTRIES, INC. COMPANY IN 1959. IN 1956, TH E PROPERTY WAS TRANSFERRED FROM THE TUREEN'S TO NABOR REALTY & INVESTMENT COMPANY WHICH OWNED THE PROPERTY UNTIL IT WAS SOLD TO GLCC IN 1976. THE TUREEN'S OPERATED THE DRUM RECLAM ATION FACILITY UNDER THE NAME NORTHWESTERN COOPERAGE COMPANY FROM THE 1950'S UNTIL THEY SOLD THE BUSINESS. IN 1970, BOR IS AND NATHAN TUREEN AND NABOR INDUSTRIES, INC. SOLD THE BUS INESS TO INTERNATIONAL MINERALS AND CHEMICAL CORPORATION (IM C) WHO CONTINUED TO OPERATE UNDER THE NAME NORTHWESTERN COOP ERAGE COMPANY DURING ITS OWNERSHIP PERIOD. IMC FORMED NORTH WESTERN COOPERAGE CO. IN DELAWARE IN 1970 (NWCC-DE). NWCC -DE THEN MERGED WITH ANOTHER IMC SUBSIDIARY, GLCC-DE IN 1974 GLCC-DE MERGED WITH ITS PARENT, IMC IN 1975 AND IMC SURVIVED . IMC LEASED THE PROPERTY FROM 1970 UNTIL THE FACILITY WAS SOLD IN 1976; NWCC-DE AND GLCC-DE NEVER LEASED THE PROPERTY. IN 1976, IMC SOLD THE BUSINESS TO THE 3016 CORPORATION OWN ED BY IRVING RUBIN. IRVING RUBIN CHANGED THE NAME OF THE 30 16 CORPORATION TO GREAT LAKES CONTAINER CORPORATION IN MICHI GAN (GLCC-MI) BUT CONTINUED OPERATING UNDER THE NAME NORTHWE STERN COOPERAGE MR RUBIN CHANGED THE FACILITY'S NAME FROM NORTHWESTERN COOPE RAGE COMPANY TO GREAT LAKES CONTAINER CORPORATION IN 1977. ALL OF THESE COMPANIES AND INDIVIDUALS ARE DEFUNCT OR DECEAS ED EXCEPT IMC, WHICH THROUGH A SERI

Defendants (8)

• GARDNER DENVER AND JESCONamed in complaintNamed in settlement
• METROPOLITAN ST LOUIS SEWERNamed in complaintNamed in settlement
• MALLINCKRODT, INCNamed in complaintNamed in settlement
• SHELL OIL COMPANYNamed in complaintNamed in settlement
• SOLUTIA, INCNamed in complaintNamed in settlement
• LAFARGE ROAD MARKINGNamed in complaintNamed in settlement
• ESTATE OF IRVING RUBINNamed in complaintNamed in settlement
• INDOPCO, INCNamed in complaintNamed in settlement

Facilities (1)

• GREAT LAKES CONTAINER CORP

  1425 FERRY ST, SAINT LOUIS, MO, 63147

  Registry ID: 110018918288

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (10)

• ESTATE OF IRVING RUBINentered 2007-05-14

  Primary law: CERCLA

• SOLUTIAentered 2008-03-14

  Primary law: CERCLA

• GARDNER DENVER AND JESCOentered 2006-11-15

  Primary law: CERCLA

• SHELL OIL COMPANYentered 2008-03-14

  Primary law: CERCLA

• INDOPCO,INC FKA NATIONAL STARCH & CHEMICAL CORPORATIONentered 2007-06-13

  Primary law: CERCLA

• METROPOLITAN ST LOUIS SEWERentered 2004-09-09

  Primary law: CERCLA

• SHELL OIL COentered 2007-06-13

  Primary law: CERCLA

• MALLINCKRODTentered 2007-06-13

  Primary law: CERCLA

• MALLINCKRODTentered 2008-04-13

  Primary law: CERCLA

• CHEM CENTRAL & LAFARGEentered 2007-05-14

  Primary law: CERCLA

Timeline (6 milestones)

• 2000-09-25Referred To Dept Of Justice
• 2000-10-06Enforcement Action Data Entered
• 2004-06-18Complaint Filed With Court
• 2008-04-13Final Order Entered
• 2008-04-13Final Order Lodged
• 2013-05-14Enforcement Action Closed