EPA v. In the Matter of HPI Products, Inc. CERCLA 106 AO For Resp Action/Imm Haz

Case summary

On July 30, 2023, following successful negotiation, EPA, DOJ, and the City of St. Joseph, Missouri (City) have executed an Administrative Settlement Agreement and Order on Consent (ASAOC) regarding a Prospective Purchaser Agreement to complete a CERCLA removal action at a parcel of property located within the HPI Superfund Site (Site). The City seeks to acquire property located at 408 S. 8th Street, a/k/a 424 S. 8th Street, St. Joseph, Missouri 64501 (the Facility) currently owned by HPI Products, Inc. (HPI). HPI has claimed to have limited financial resources and it is anticipated that HPI may have minimal resources to conduct further work at this Facility moving forward due to the court-ordered closure of its business following multiple CERCLA and RCRA violations. The Facility is an active RCRA enforcement site currently subject to a CERCLA/RCRA Unilateral Administrative Order (UAO) and a RCRA Consent Decree, and previously subject to EPA CERCLA response actions. In exchange for the covenant not to sue under RCRA and CERCLA, the City will cap the Facility, execute and record an environmental covenant, and properly remove/dispose of identified polychlorinated biphenyls (PCB)-containing ballasts identified in parts of the existing structure on the Facility. The Facility can then be used as a parking lot for a neighboring fire station. The conditions at the Property are of particular concern to EPA, given the Facility is located in an environmental justice area of the City.

Defendants (1)

• HPI Products, Inc.Named in complaintNamed in settlement

Facilities (1)

• HPI INC

  424 S 8TH ST, SAINT JOSEPH, MO, 64502

  Registry ID: 110010665002

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• In the Matter of HPI Products, Inc. CERCLA 106 AO For Resp Action/Imm Hazentered 2024-07-30

  Primary law: CERCLA

Timeline (3 milestones)

• 2024-07-30Complaint Filed/Proposed Order
• 2024-07-30Final Order Issued
• 2024-10-17Enforcement Action Data Entered