EPA v. KIPNIS, DAVID

Case summary

THIS REFERRAL SEEKS TO RECOVER FUNDS SPENT BY EPA TO CONDUCT A REMOVAL ACTION AT THE CHROME COMPANY SITE LOCATED IN TUCSON, ARIZONA. CHROME COMPANY AND PRINCIPALS ASSOCIATED WITH THE COMPANY OPERATED A CHROME PLATING SHOP AT THE SITE FROM 1954 TO JULY 1985. ON JANUARY 7, 1986, THE TUCSON FIRE DEPARTMENT INSPECTED THE FACILITY WHICH HAD BEEN ABANDONED AND DISCOVERED LEAKING VATS AND DAMAGED CONTAINERS OF STRONG ACIDS, CAUSTICS, CYANIDE AND OTHER PLATING WASTES. FIRE OFFICIALS IMMEDIATELY CONDEMNED THE PROPERTY AND NOTIFIED BOTH EPA AND THE ARIZONA DEPARTMENT OF HEALTH SERVICES (ADHS) OF THE HAZARDOUS CONDITIONS ON-SITE. ON JANUARY 10, 1986, EPA CONTRACTORS AND REPRESENTATIVES OF STATE AND LOCAL AGENCIES INSPECTED THE SITE AND OBSERVED THE LEAKING AND DAMAGED VATS CONTAINERS. THEY ALSO FOUND INCOMPATIBLE CHEMICALS (STRONG ACIDS AND CYANIDES) STORED IN CLOSE PROXIMITY IN OPENED AND DAMAGED CONTAINERS. BASED UPON THIS INFORMATION, EPA DETERMINED THAT THE SITE POSED A SIGNIFICANT RISK TO PUBLIC HEALTH AND THE ENVIRONMENT REQUIRING IMMEDIATE CLEANUP. ON JANUARY 13, 1986, FUNDING TO CONDUCT A CERCLA REMOVAL ACTION WAS APPROVED. THE RESPONSIBLE PARTIES WERE GIVEN NOTICE OF FEDERAL INTEREST, BUT DECLINED TO TAKE RESPONSIBILITY FOR THE CLEANUP. EPA INITIATED ON-SITE CLEANUP ACTIVITIES ON JANUARY 13, 1986. THE REMOVAL ACTION CONSISTED OF: SAMPLING AND HAZARD SCREENING WASTES TO BE DISPOSED; COMBINING AND REPACKAGING OF COMPATIBLE WASTES FOR OFF-SITE DISPOSAL; TRANSPORTATION OF HAZARDOUS WASTES TO APPROVED DISPOSAL FACILITES; DECON TAMINATION OF THE PLATING SHOP; AND COLLECTION OF WASTE AND SOIL SAMPLES FOR ANALYSIS. THE REMOVAL ACTION WAS COMPLETED ON FEBRUARY 19, 1986. POST-CLEANUP SOIL SAMPLES COLLECTED BY EPA SHOWED THE PRESENCE OF HEAVY METALS ON-SITE EXCEEDING NORMAL BACKGROUND LEVELS. ADHS HAS TAKEN THE LEAD FOR REMEDIATION OF SOIL CONTAMINATION. THE LAND OWNER HAS HIRED A CONSULTANT TO DETERMINE THE EXTENT OF HEAVY METAL CONTAMINATION AND THE POTENTIAL IMPACT ON GROUND WATER QUALITY. INITIAL SAMPLING RESULTS INDICATE THAT THE CONCENTRATIONS OF SOIL CONTAMINANTS ARE HIGH BUT APPEAR TO BE RESTRICTED TO THE TOP ONE FOOT OF SOIL. ADDITIONAL SAMPLING AND TESTING IS PLANNED TO CONFIRM THESE PRELIMINARY RESULTS. EPA SENT DEMAND LETTERS TO THE RESPONSIBLE PARTIES IN AUGUST 1986. THE PRPS HAVE NOT OFFERED TO REIMBURSE THE TRUST FUND OR NEGOTIATE A SETTLEMENT. WE ARE REQUESTING THAT THE DEPARTMENT OF JUSTICE FILE A COST RECOVERY CASE AGAINST THE OWNERS AND OPERATORS PURSUANT TO 107 OF CERCLA (42 U.S.C. 9607(A)). AS OF JANUARY 1987, EPA HAD INCURRED A APPROXIMATELY $150,000 IN COSTS.

Defendants (4)

• FAKE, HAROLD, ET UX.Named in complaintNamed in settlement
• FAKE, ROSENamed in complaintNamed in settlement
• KIPNIS, DAVID ET UX.Named in complaintNamed in settlement
• KIPNIS, DOROTHYNamed in complaintNamed in settlement

Facilities (1)

• CHROME CO

  415 E GRANT RD, TUCSON, AZ, 85705

  Registry ID: 110002567945

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• KIPNIS, DAVIDentered 1990-01-03

  Primary law: CERCLA

• KIPNIS, DAVIDentered 1991-04-26

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-03-27Referred To Headquarters
• 1987-05-06Referred To Dept Of Justice
• 1987-09-02Complaint Filed With Court
• 1991-04-26Final Order Lodged
• 1991-04-26Final Order Entered
• 1991-04-26Concluded
• 1992-06-01Enforcement Action Closed