EPA v. VILLALPANDO RUST INDUSTRIAL INTERNATIONAL CORP.

Case summary

SYNOPSIS THIS CASE SEEKS THE RECOVERY OF FUNDS SPENT FOR TWO EMER- GENCY REMOVAL ACTIONS TAKEN BETWEEN 7/21/83 AND 8/19/83 AT TWO ABANDONED DRUM SITES IN SAN DIEGO, CALIFORNIA (BROWN FIELD AND TECATE). THE SITES, LOCATED NEAR THE BORDER BET- WEEN MEXICO AND THE U.S., CONTAINED RUSTING AND CORRODING DRUMS OF HAZARDOUS SUBSTANCES. THE HAZARDOUS SUBSTANCES WERE CAUSTICS, FLAMMABLES AND ACIDS, INCLUDING HYDROGEN FLOURIDE. THE SAN DIEGO COUNTY DEPT OF HEALTH SERVICES AND EPA'S ON-SCENE COORDINATOR DETERMINED THAT THE CONDITIONS AT THE SITE PRESENTED A THREAT TO HUMAN HEALTH BECAUSE OF THE POTENTIAL FIRE, EXPLOSION, AND THE RELEASE OF TOXIC VAPORS AND GASES. THE DRUMS WERE DEPOSITED AT THE BROWN FIELD SITE SOMETIME BETWEEN APRIL AND SEPT, 1980, AND AT THE TECATE SITE BETWEEN LATE 1981 AND MARCH, 1982. STATE AND LOCAL ENFORCEMENT AC- TIONS AT THE SITES WERE TAKEN AGAINST THE GENERATOR AND OTHER RESPONSIBLE PARTIES BETWEEN JUNE 1981 AND JUNE 1983. ON 6/23/83, THE STATE OF CALIF REQUESTED EPA'S ASSISTANCE AT THE BROWN FIELD AND TECATE SITES TO REMOVE HAZARDOUS SUB- STANCES. ON 6/28/83, THE RESPONSIBLE PARTIES WERE GIVEN ORAL NOTICE OF EPA'S INTENT TO CONDUCT REMOVAL ACTIONS AT THE SITES. NOTICE LETTERS WERE SENT ON 6/30/83. THE SOLE GENERATOR INITIALLY AGREED TO UNDERTAKE THE CLEAN UP OF BOTH SITES. HOWEVER, AFTER SAMPLING THE BROWN FIELD SITE HE ABANDONED THE CLEAN UP OF THAT SITE. HE HAD REMOVED MOST OF THE DRUMS FROM THE TECATE SITE UNTIL IT WAS DISCOV- ERED THAT HE WAS ENGAGING IN UNSAFE REMOVAL PRACTICES (UN- TRAINED LABORERS WERE MIXING INCOMPATIBLE WASTES). THE STATE THEN ORDERED HIM TO CEASE ACTIONS AND EPA COMPLETED THE CLEANUP AT THE TECATE SITE. THE AGENCY COSTS OF THE REMOVAL ACTION AT THE FROWN FIELD SITE ARE $167,711.06. THE AGENCY COSTS OF THE REMOVAL AC- TION AT THE TECATE SITE ARE $37,506.76. IT IS RECOMMENDED THAT AN ACTION BE FILED UNDER CERCLA 107 FOR RECOVERY OF FUNDS EXPENDED IN RESPONDING TO THE RELEASE AND THREAT OF RELEASE AT THE BROWN FIELD AND TECATE SITES AGAINST 7 KNOWN RESPONSIBLE PARTIES: ONE GENERATOR, THREE TRANSPORTERS, TWO LAND OWNERS AND ONE LESSOR. THE SOLE GENERATOR OF HAZARDOUS SUBSTANCES AT THE SITES WAS JACK E. RUST WHO OPERATED A STORAGE AND TRANSFER FACIL- ITY FOR INDUSTRIAL AND SPENT CHEMICALS IN LA, CALIF. RUST'S OPERATIONS HAVE BEEN CITED FOR RCRA 3008 VIOLATIONS. THE HAZARDOUS SUBSTANCES WERE TRANSPORTED TO THE B.F. SITE BY HERMAN AVILEZ, A CONVICTED DRUG FELON. THE B.F. SITEIS OWNED BY MELVIN MANGRUM WHO HAS NO KNOWN CONNECTION TO RUST. THE SITE WAS LEASED BY ALBERT MANGRUM, A BUSINESS ACQUAIN- TANCE OF RUST. THE HAZARDOUS SUBSTANCES WERE TRANSPORTED TO THE TECATE SITE BY DAVID TORRES AND ENRIQUE GOMEZ, BOTH MEXICAN NATION- ALS. THE TECATE SITE IS OWNED BY PROCULO AND JUANITA VIL- LALPANDO, WHO HAVE NO KNOWN CONNECTION WITH RUST. THIS ONE ENFORCEMENT CASE HAS RESULTED IN TWO CONSENT DECREES, VILLALPANDO, RUST AND INDUSTRIAL INT. CORP. AND INGALLS, MANGRUM, AVILEZ, RUST AND INDUSTRIAL INTERNATIONAL CORP. THE TOTAL MONEY TO BE PAID FOR BOTH OF THESE DECREES IS RECORDED IN COST RECOVERY ASSESSED AT $115,000.

Defendants (9)

• AVILEZ, HERMAN(TRANSPORTER)
• GOMEZ, ENRIQUENamed in complaintNamed in settlement
• INDUSTRIAL INTERNATIONAL CORP.Named in complaintNamed in settlement
• INGALLS, MELVIN(OWNER)
• MANGRUM, ALBERT(LESSEE)
• RUST, JACK(GENERATOR)Named in complaintNamed in settlement
• TORRES, DAVIDNamed in complaintNamed in settlement
• VILLALPANDO, JUANITANamed in complaintNamed in settlement
• VILLALPANDO, PROCULONamed in complaintNamed in settlement

Facilities (2)

• TECATE DUMP

  23851 TECATE MISSION RD, TECATE, CA, 91980

  Registry ID: 110010595604

• BROWN FIELD

  5675 OTAY VALLEY RD, CHULA VISTA, CA, 91911

  Registry ID: 110010595613

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• VILLALPANDO RUST INDUSTRIALentered 1986-03-26

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-01-15Enforcement Action Data Entered
• 1984-03-28Referred To Headquarters
• 1984-05-02Referred To Dept Of Justice
• 1985-01-22Complaint Filed With Court
• 1986-03-26Final Order Lodged
• 1986-03-26Final Order Entered
• 1986-03-26Concluded
• 1987-12-01Enforcement Action Closed