EPA v. LARRY FRICKER COMPANY, INC.

Case summary

THIS CASE SEEKS TO RECOVER MONEY SPENT BY EPA TO CONDUCT AN EMERGENCY REMOVAL. LARRY FRICKER CO, INC. IS AN AGRICUL- TURAL CHEMICAL RETAIL BUSINESS WHICH HAS OPERATED IN VARIOUS LOCATIONS IN SOUTHERN CALIFORNIA SINCE 1939. ON 6/22/85, A FIRE BROKE OUT AT THE FRICKER FACILITY LOCATED IN ANAHEIM, CA. THE FACILITY WAREHOUSE CONTAINED A WIDE ASSORTMENT OF PESTICIDE AND FERTILIZER PRODUCTS. IT WAS IN FLAMES WHEN THE ANAHEIM FIRE DEPARTMENT ARRIVED ON-SCENE. THE CAUSE OF THE FIRE IS BELIEVED TO BE ARSON. LOCAL RESPONSE PERSONNEL FROM SEVERAL FIRE DEPARTMENTS AND HAZARDOUS MATERIAL TEAMS RESPONDED TO THE INCIDENT. THE FIRE CONTINUED TO BURN ON AND OFF FOR THREE DAYS BEFORE IT WAS FINALLY EXTINGUISHED. DURING THIS PERIOD AN ESTIMAT- ED 10,000 PEOPLE WERE EVACUATED FROM THE AREA TO PREVENT EXPOSURE TO POTENTIALLY TOXIC VAPORS. MAJOR ROADWAYS WERE ALSO CLOSED FOR SEVERAL DAYS. EPA REGION 9'S EMERGENCY RESPONSE TEAM PROVIDED TECHNICAL AND FINANCIAL ASSISTANCE TO THE LOCAL RESPONDING AGENCIES DURING THE FIRE. ON 6/24/85 A CERCLA REMOVAL ACTION WAS FUNDED AFTER THE OWNER/OPERATOR DECLINED TO TAKE RESPONS- IBILITY FOR SITE CLEANUP. EPA MOBILIZED AND INITIATED THE REMOVAL ACTION ON 6/25/85 AT THE REQUEST OF THE LOCAL FIRE AND HAZARDOUS MATERIAL RESPONSE TEAMS. WORKING UNDER HAZARDOUS CONDITIONS AND HIGH AMBIENT TEMPERATURES, EPA REMOVED FROM THE SITE 400 CUBIC YARDS OF BULK SOLID HAZARD- OUS WASTES, AND 97 DRUMS CONTAINING SOLID, LIQUID AND LAB- PACKED PESTICIDE WASTES. IN ADDITION, EPA ARRANGED FOR THE OFF-SITE DISPOSAL OF 12,000 GALLONS OF FIRE FIGHTING AND DECONTAMINATION WATER. THE REMOVAL ACTION WAS COMPLETED ON 7/10/85. THE FEDERAL ON-SCENE COORDINATOR THEN PASSED RESPONSIBILITY FOR SITE MITIGATION TO STATE AND LOCAL AGENCIES, WHO SUPERVISED THE OWNER/OPERATOR IN SEGREGATING DAMAGED CHEMICAL PRODUCTS FOR OFF-SITE DISPOSAL. SINCE LAST SUMMER, FRICKER HAS REBUILT THE WAREHOUSE AND IS BACK IN BUSINESS SELLING AGRICULTURAL CHEMICAL PRODUCTS. THE CHEMICAL FIRE AND EVACUTION RECEIVED NATIONAL MEDIA ATTENTION FOR SEVERAL DAYS AND FOCUSED LOCAL ATTENTION ON THE NEED FOR MANDATORY DISCLOSURE LAWS. THIS INCIDENT WAS A CLASSIC EXAMPLE OF A VERY COMPLEX HAZARDOUS MATERIALS EMERGENCY RESPONSE OPERATION INVOLVING A LARGE NUMBER OF LOCAL, STATE AND FEDERAL AGENCIES. WE ARE REQUESTING THAT THE DEPARTMENT OF JUSTICE FILE A COST RECOVERY CASE AGAINST THE LAND OWNERS AND FACILITY OPERATOR PURSUANT TO 107 OF CERCLA. AS OF MAY, 1986 EPA HAS INCURRED APPROXIAMATELY $250,000 IN COSTS.

Defendants (3)

• ETZOLD, MARYNamed in complaintNamed in settlement
• ETZOLD, PAULNamed in complaintNamed in settlement
• LARRY FRICKER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• FRICKER LARRY CHEMICAL COMPANY

  1421 STATE COLLEGE BLVD, ANAHEIM, CA, 92806

  Registry ID: 110010676241

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• LARRY FRICKER COMPANY, INC.entered 1991-02-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1986-06-30Referred To Headquarters
• 1986-07-30Referred To Dept Of Justice
• 1986-11-12Referred TO U.S. Attorney
• 1986-12-23Complaint Filed With Court
• 1991-02-13Final Order Lodged
• 1991-02-13Final Order Entered
• 1991-02-13Concluded