EPA v. HELDT, GARY L.

Case summary

THE STATUTE WHICH IS THE BASIS FOR THE PROPOSED ACTION. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, SECTION 107. 42 U.S.C. SECTION 9607. THE VIOLATION UPON WHICH THE ACTION IS BASED. ON APRIL 4, 1985, A FIRE DESTROYED THE HELDT CHEMICAL COMPANY WAREHOUSE WHICH CONTAINED LARGE QUANTITIES OF VARIOUS PESTICIDES. AS A RESULT OF THE FIRE AND THE FIRE- FIGHTING EFFORT, THERE WAS A RELEASE OF HAZARDOUS SUBSTANCES (PHORTATE AND 2,4-D) AND OTHER POLLUTANTS AND CONTAMINANTS INTO THE ENVIRONMENT WHICH POSED AN IMMINENT AND SUBSTAN- TIAL DANGER TO PUBLIC HELATH AND THE ENVIRONMENT. PURSUANT TO SECTION 104 OF CERCLA, 42 U.S.C. SECTION 9604, EPA CONDUC TED A REMOVAL ACTION TO PROTECT THE PUBLIC HEALTH AND THE ENVIRONMENT. EPA'S REMOVAL ACTION WAS CONSISTANT WITH THE NATIONAL CONTINGENCY PLAN, 40 C.F.R. SECTION 300.65. THE PROPOSED RELIEF TO BE SOUGHT. MONETARY RELIEF IN THE AMOUNT OF EPA'S RESPONSE COSTS WHICH TOTAL $1,073,285.99 AS OF JUNE 28, 1985. HOWEVER, COST DOCUMENTATION HAS NOT BEEN COMPLETED. IT IS ANTICIPATED EPA'S RESPONSE COST WILL BE APPROXIMATELY $1.4 MILLION. THE RECENT CONTACTS WITH THE DEFENDANT, INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTIONS, TAKEN, AND NEGOTIATIONS, IF ANY. DEFENDANT IS BEING REPRESENTED BY COUNSEL TO THE LIMITS OF HIS INSURANCE POLICY ($500,000). A MEETING HAS BEEN SCHEDULED FOR JUNE 28, 1985, WITH DEFENDANT'S ATTORNEY AND TECHNICAL EXPERT(S). THE MEETING'S AGENDA CALLS FOR A DISCUSSION OF EPA'S REMOVAL DECISIONS, LEGAL AUTHORITY, ETC. A FOLLOW-UP MEETING TO DISCUSS SETTLEMENT IS PLANNED AT THIS TIME. NO ADMINISTRATIVE ENFORCEMENT ACTIONS HAVE BEEN TAKEN. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACT- UAL ISSUES. THIS CASE MAY RAISE THE QUESTION OF WHAT DISCREPANCY EXISTS BETWEEN EPA'S RESPONSE AUTHORITY UNDER SECTION 104 AND OUR COST RECOVERY AUTHORITY UNDER SECTION 107 OF CERCLA. DATE INFORMATION/EVIDENCE WAS RECEIVED OF THE VIOLATION WHICH LED TO THE DECISION TO INITIATE ENFORCEMENT PROCEEDINGS. APRIL 4, 1984, WAS THE DAY THE HELDT WAREHOUSE WAS DESTOR DESTROYED. SOUTH DAKOTA OFFICIALS CONTACTED EPA NON THE DAY OF THE FIRE FOR TECHNICAL ASSISTANCE IN DETERMINING THE EXTE NT OF CONTAMINATION. EPA SENT A TECHNICAL ASSISTANCE TEAM MEMBER TO THE SITE APRIL 5TH. ON APRIL 10, 1984, EPA'S ON SCENE COORDINATOR ARRIVED AT THE SITE TO COORDINATE THE CLEANUP. THE AUTHORITY TO BEGIN THE CLEANUP CAME ON APRIL 12, 1984, WHEN THE REGIONAL ADMINISTRATOR SIGNED THE TEN POINT DOCUMENT.

Defendants (1)

• HELDT, GARY L.Named in complaintNamed in settlement

Facilities (1)

• HELDT CHEMICAL COMPANY

  1907 HIGHWAY 14 BY-PASS, BROOKINGS, SD, 57006

  Registry ID: 110010668900

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• HELDT, GARY L.entered 1989-05-18

  Primary law: CERCLA

Timeline (8 milestones)

• 1985-06-28Referred To Headquarters
• 1985-08-16Referred To Dept Of Justice
• 1986-06-05Referred TO U.S. Attorney
• 1986-06-11Complaint Filed With Court
• 1989-05-18Concluded
• 1989-05-18Final Order Lodged
• 1989-05-18Final Order Entered
• 1989-06-30Enforcement Action Closed