EPA v. CAUFFMAN, JOHN

Case summary

NATURE OF THE CASE: ON 7/10/81, A CHEMICAL FIRE & EXPLOSION, REPORTEDLY THE RESULT OF A FIRE BOMB, DESTROYED APPROX 12,000 OF THE 18,000 DRUMS STORED AT THE GENERAL DISPOSAL CO'S 1-ACRE SITE IN THE METROPOLITAN LOS ANGELAS COMMUNITY OF SANTA FE SPRINGS. THE DRUMS CONTAINED PAINT COMPONENTS, INDUST- RIAL SOLVENTS & PESTICIDES, INCLUDING SOME 25 HAZ SUB- STANCES. CONTAMINATED WATER FROM THE FIRE-FIGHTING FLOWED THROUGH THE RESIDENTIAL NEIGHBORHOOD, CAUSED A MAJOR FISH KILL IN A NEARBY CREEK & RESULTED IN THE CLOSURE FOR SEV- ERAL DAYS OF SEAL BEACH ON THE PACIFIC OCEAN. SOME 57 POTENTIALLY RESPONSIBLE PARTIES HAVE BEEN IDENTIFIED & GIVEN NOTICE OF THEIR POTENTIAL LIABILITY. PROMINENT IN THAT LIST HAVE BEEN SITE OPERATOR, THE CURRENT SITE OWNER , THE ORIGINAL SITE OWNER & 54 GENERATORS OF HAZ SUBSTAN- CES. THERE WILL BE A CULLING OF THOSE GENERATORS BASED UPON QUALIFICATION OF THE EVIDENCE AGAINST THEM. A STTL- MNT HAS BEEN EXECUTED ALREADY W/INMONT CORP. INMONT WAS THE PRINCIPAL GENERATOR RESPONSIBLE FOR 75 TO 90% OF THE DRUMS ON SITE. ON 7/11/81, AT THE STATE'S REQUEST, EPA APPROVED AN EMERGENCY EXPENDITURE OF $25,000 OF CWA SEC 311 MONEY TO BEGIN EMERGENCY RESPONSE ACTIVITIES. ACTIVITIES INCLUDED CONTAINMENT OF CONTAMINATED FIRE-FIGHTING WATER, RECOVERY DRUMS & DEBRIS BLOWN OFF-SITE & SOME SAMPLING & ANALYSIS. SEC 311 SPENDING WAS ALSO NECESSARY TO CONTROL & PREVENT THE RE-IGNITION OF THE APPROX 6,000 DETERIORATED DRUMS LEFT ON SITE ON 7/24/81, EPA AUTHORIZED SUPERFUND EXPENDITURES TO SECURE & REMOVE DRUMS FROM THE SITE IN ORDER TO PREVENT RE-IGNITION DUE TO MIXING OF INCOMPATIBLE WASTE & TO PRE- VENT FURTHER WASTE DISCHARGES TO THE COMMUNITY & COYOTE CREEK. APPROX $1.3 MILLION OF SUPERFUND MONIES WERE EX- PENDED. ADDITIONALLY, ANOTHER .5 MILLION FOR ADMINISTRA- TIVE COSTS & DAMAGE TO THE ENVIRONMENT MAY BE RECOVER- ABLE. NOTICE LTRS PURSUANT TO SUPERFUND WERE SENT ON 7/31/81, TO THE SITE OWNERS, THE OPERATOR & 7 CORP GENER- ATORS OF ON-SITE MATERIALS. 1 GENERATOR, INMONT, CON- TACTED EPA IN EARLY AUG & REACHED AN AGREEMENT W/EPA ON 9/24/81, TO TAKE OVER REMAINING CLEAN-UP OF THE SITE. NOTICE LTRS WERE AGAIN SENT IN 1 & 2/82 TO 54 POTEN- TIALLY RESPONSIBLE PARTIES. CAUSE OF ACTION: THE CAUSE OF ACTION WILL BE BASED ON SEC 107 OF CERCLA FOR COST RECOVERY OF SUPERFUND EXPENDITURES, THE AGENCY'S ADMINISTRATIVE EXPENSES & DAMAGES FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES, INCLUDING THE REASONABLE COSTS FROM ASSESSING SUCH INJURY, DESTRUC- TION & LOSS RESULTING FROM THE RELEASE. ISSUES OF NATIONAL SIGNIFICANCE: AS THE FIRST SUPERFUND EMERGENCY EXPENDITURES & THE SUBJECT OF THE INMONT AGREEMENT THIS MATTER HAS DRAWN MUCH CONGRESSIONAL & PUBLIC ATTENTION. THE AGENCY MUST NOW FOLLOW THROUGH TO A CONSISTENT & EFFECTIVE CONCLUSION OF THIS CASE.

Defendants (25)

• INTER-COMMUNITY ESCROW CO.
• BOYER, BILL G.Named in complaintNamed in settlement
• BOYER, JUDYNamed in complaintNamed in settlement
• BOYERSEN PAINT CORPORATION
• CALIFORNIA, STATE OF
• CARRIER CORPORATIONNamed in complaintNamed in settlement
• CAUFFMAN, FERN T.
• CAUFFMAN, JOHN R.Named in complaintNamed in settlement
• CAUFFMAN, JOHN R., TRUSTEENamed in complaintNamed in settlement
• CERRITOS VALLEY BANKNamed in complaintNamed in settlement
• DUNN EDWARDS CORPORATION
• DYNACHEM CORPORATION
• GENERAL DISPOSAL COMPANY
• INMONT CORPORATIONNamed in complaintNamed in settlement
• JOHNSON, WILLIAM L., AKA LARRY JOHNSON
• LUNA, HENRYNamed in complaintNamed in settlement
• MARATHON CARTAGE CORPORATIONNamed in complaintNamed in settlement
• MARTIN, WILLIAM T.
• PHILLIP A HOMME COMPANYNamed in complaintNamed in settlement
• SANTA FE SPRINGS, CITY OFNamed in complaintNamed in settlement
• STANKEVICH, FRANK J., JR
• STANKEVICH, FRANK J., SR.
• UNITED TECHNOLOGIES CORPORATIONNamed in complaintNamed in settlement
• AMERITONE PAINT COMPANY
• ASHLAND OIL, INC.

Facilities (1)

• GENERAL DISPOSAL CO

  12605 S MARQUARDT.AVENUE, SANTA FE SPRINGS, CA, 90670

  Registry ID: 110010755646

Statutes cited

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

Enforcement conclusions (1)

• JOHN CAUFFMAN_(GEN. DISPOSAL)entered 1988-05-05

  Primary law: CERCLA

Timeline (9 milestones)

• 1982-07-12Enforcement Action Data Entered
• 1982-09-25Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1983-09-30Referred TO U.S. Attorney
• 1983-09-30Complaint Filed With Court
• 1988-05-05Concluded
• 1988-05-05Final Order Lodged
• 1988-05-05Final Order Entered
• 1989-03-07Enforcement Action Closed