EPA v. STRINGFELLOW

Case summary

NATURE OF THE CASE: THE STRINGFELLOW SITE IS LOCATED 5 MILES NORTHWEST OF RIVERSIDE, CA, ADJACENT TO THE COMMUNITY OF GLEN AVON. BETWEEN 1956 & 1972 APPROX 32 MILLION GALLONS OF HAZ INDUST- RIAL WASTE WERE DISCHARGED INTO UNLINED EVAPORATION PONDS ON THE 22 ACRE SITE. THE DISCHARGED WASTES WERE PRIMARILY LIQUIDS & SOLUTIONS CONTAINING ACIDS, CAUSTICS, ORGANIC SOL- VENTS, HEAVY METALS, DDT & PCB'S. THE DISPOSAL AREA LIES IN A CANYON IN THE NATURAL DRAINAGE PATH OF APPROX 270 ACRES OF WATERSHED. BETWEEN 1969 & 1980, DUE TO HEAVY SEASONAL RAINFALL, SEVERAL CONTROLLED & UNCONTROLLED RELEASES OF HEAVILY CONTAMINATED RAIN WATER OCCURRED; SURFACE CONTAMINATION(DDT, HEAVY METALS) HAS SINCE BEEN FOUND AS FAR AS SEVERAL MILES DOWNSTREAM FROM THE SITE. SUBSURFACE FLOWS OF CONTAMINATED GROUNDWATER HAVE BEEN DETECTED AT LEAST 1/2 MILE DOWN CANYON FROM THE SITE. WHILE CONTAMINATION FROM THE SITE HAS NOT BEEN DETECTED IN THE CHINO II GROUNDWATER BASIN, WHICH SERVES AS A DOMESTIC, IN- DUSTRIAL & AGRICULTURAL WATER SUPPLY, THE GROUNDWATER AT THE SITE FLOWS DIRECTLY INTO THE CHINO AQUIFER, APPROX 1 MILE AWAY. 245 POTENTIALLY RESPONSIBLE PARTIES HAVE BEEN IDENTI- FIED. THESE CONSIST OF OWNERS, OPERATORS, GENERATORS & TRANSPORTERS. OF THESE, 175 HAVE BEEN GIVEN NOTICE OF THEIR POTENTIAL LIABILITY. THEIR POTENTIAL LIABILITY IN THE NEAR FUTURE. A TIMETABLE & INITIAL AGREEMENTS FOR NEG'S FOR SITE CLEANUP BY THE RESPONSIBLE PARTIES HAS BEEN SET UP. NO SINGLE GENERATOR DISPOSED OF MORE THAN 20% OF THE WASTE DISCHARGED ON SITE BUT 20 OF THE GENERATORS WERE THE SOURCE OF APPROX 90% OF IN THE NEAR FUTURE. A TIMETABLE & INITIAL AGREEMENT FOR NEG'S FOR SITE CLEANUP BT THE RESPONSIBLE PARTIES HAS BEEN SET UP. NO SINGLE GENERATOR DISPOSED OF MORE THAN 20% OF THE SET UP. IN MARCH & AUGUST OF 1980, $828,587.67 OF CWA SEC 311 FUNDS WERE SPENT TO ALLEVIATE AN IMMINENT THREAT OF FLOODING & OVERFLOW OF THE SITE DUE TO HEAVY SPRING RAINS. IN 5/81, THE CA WATER RESOURCES CONTROL BOARD RECIEVED A $95,000 RCRA GRANT TO FUND ENGINEERING STUDIES OF THE SITE & DEVELOP PLANS FOR ITS PERMANENT CLOSURE. THE STATE OF CA HAS SPENT APPROX $5.5 MILLION FOR SITE SOIL W/I THE SITE, A CLAY COVER OVER THE SITE, & INITIAL GROUNDWATER PROTECTION MEASURES. FUNDS APPROPRIATED BY THE STATE LEGISLATURE FOR SITE CLEANUP ARE NEARLY EXHAUSTED; SITE CLOSURE, HOWEVER IS INCOMPLETE. EPA PRESENTLY ESTIMATES THAT THE EXPEDITURE OF A FURTHER $2.5 MILLION IN NECESSARY THAT THE EXPENDITURE OF A FURTHER $11 MILLION IS NECESSARY IS SUBJECT TO COMTEMPLATED FEASIBILITY STUDIES. CAUSE OF ACTION: 3 CAUSES OF ACTION ARE CONTEMPLATED. THE 1ST & 2ND WILL BE BASED ON SEC 106 OF CERCLA & SEC 7003 OF RCRA FOR INJUNC- TIVE RELIEF AGAINST MAJOR RESPONSIBLE PARTIES FOR THE CON- TINUATION OF SITE CLEANUP ACTIVIES. IN THE ALTERNATIVE, SHOULD INJUNCTIVE RELIEF BE IMPOSSIBLE OR INSUFFICIENT FOR COMPLETE CLEAN UP, & EXPENDITURES FROM SUPERFUND BECOME NECESSARY, THE 3RD CAUSE OF ACTION WILL BE BASED ON SEC 107 OF CERCLA FOR COST RECOVERY OF SUPERFUND EXPENDITURES, & THE AGENCY'S ADMINISTRATIVE EXPENSES.

Defendants (94)

• AMERICAN ELECTRIC INC.Named in settlement
• AMERICAN ELECTRONICS INC.Named in settlement
• AMERICAN MINERAL SPIRITS CO.Named in settlement
• AMERON INC.Named in settlement
• ANACONDA WIRE & CABLE CO.Named in settlement
• ANADITE INC.Named in settlement
• ANCHOR POST PRODUCTS INC. OF CALIF.Named in settlement
• ASBURY OIL CO.Named in settlement
• ASSOCIATED BAKED ENAMELING CO.Named in settlement
• ASTRO-SCIENCE CORP.Named in settlement
• ATLAS GALVANIZING CO.Named in settlement
• GENERAL STEEL & WIRE CO.Named in complaintNamed in settlement
• GENERAL VENEER MANUFACTURING CO.Named in settlement
• GEORGE INDUSTRIESNamed in settlement
• GOULD INC.Named in settlement
• HALLIBURTON INC.Named in settlement
• HARVEY ALUMINUMNamed in settlement
• HUBBS, LUCILLENamed in complaintNamed in settlement
• HUBBS, PAULNamed in complaintNamed in settlement
• HUNTER ENGINEERING, INC.Named in complaintNamed in settlement
• LOS ANGELES DEPT. OF AIRPORTSNamed in settlement
• LOS ANGELES DEPT. OF WATER & POWERNamed in settlement
• MC DONNELL DOUGLAS CORP.Named in complaintNamed in settlement
• MCCOOK, E. MOENamed in complaintNamed in settlement
• MONTROSE CHEMICAL CORP. OF CALIFORNIANamed in complaintNamed in settlement
• …and 69 more

Facilities (1)

• STRINGFELLOW CLASS I SITE (ABANDONED)

  3940 PYRITE STREET, RIVERSIDE, CA, 92509

  Registry ID: 110009555757

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• SDWA 1431 — Emergency Powers
• CERCLA 107A — Cost Recovery

Enforcement conclusions (7)

• STRINGFELLOW (RAINBOW CANYON MANUFACTURING)entered 2001-05-31

  Primary law: CERCLA

• STRINGFELLOW (GENERAL STEEL)entered 1994-03-14

  Primary law: CERCLA

• STRINGFELLOW (ALCO MINING)entered 1997-04-25

  Primary law: CERCLA

• STRINGFELLOW (STATE OF CALIFORNIA)entered 2001-07-20

  Primary law: CERCLA

• STRINGFELLOW (ALUMAX, ET AL.)entered 2004-06-21

  Primary law: CERCLA

• STRINGFELLOW (FIRST CD)entered 1992-10-23

  Primary law: CERCLA

• STRINGFELLOW (ALCAN ALUMINUM)entered 1992-10-23

  Primary law: CERCLA

Timeline (7 milestones)

• 1982-05-22Enforcement Action Data Entered
• 1982-09-23Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1982-10-04Referred TO U.S. Attorney
• 1983-04-21Complaint Filed With Court
• 2004-02-27Final Order Lodged
• 2004-06-21Final Order Entered