EPA v. CA CREATIVE DYNAMICS, INC, MIXON MANUFACTURING & ENGINEERING

Case summary

REGION IX IS REQUESTING AN EXPEDITED REFERRAL IN ORDER TO SEEK IMMEDIATE ASSISTANCE FROM THE DEPARTMENT OF JUSTICE IN A BANKRUPTCY ACTION INVOLVTING A HAZARDOUS WASTE FACILITY LOCATED IN SAN DIEGO CALIFORNIA. REGION IX IS PLANNING AN EMERGENCY REMOVAL OF 140,000 GALLONS OF SODIUM HYDROXIDE SOLUTION CONTAMINATED WITH HIGH CONCENTRATIONS OF ZINC AND ALUMINUM AND 21,000 GALLONS OF ACID SOLUTION. THE SOLUTIONS ARE PRECARIOUSLY STORED AND PRESENT AN IMMEDIATE AND UNAC- CEPTABLE RISK TO BOTH HUMAN HEALTH AND THE ENVIORNMENT. ALSO TO BE REMOVED ARE 80 DRUMS OF IMPROPERLY STORED ZINC CAKE, T00 GALLONS OF WASTE OIL AND 10 CUBIC YARDS OF CONTAMINATED SAND BLASTING RESIDUE. EPA IS SCHEDULED TO BEGIN ITS REMOVAL ON MAY 11, 1987. THE REMOVAL WILL BE COMPLETED BY THE END OF MAY. THE CORPORATIONS WHICH OPERATED THE FACILITY AND SOME OF THE CORPORATIONS' PRINCIPALS HAVE FILED FOR BANK- RUPTCY UNDER CHAPTER 7 OF THE BANKRUPTCY CODE. EPA INTENDS TO RECOVER THE COSTS OF THIS REMOVAL FROM THE BANKRUPT PARTIES AS ADMINISTRATIVE EXPENSES. THE PROPERTY OWNER, WHO HAS NOT FILED FOR BANKRUPTCY, IS ANOTHER POTENTIALLY RESPON- SIBLE PARTY.

Defendants (2)

• CALIFORNIA CREATIVE DYNAMICSNamed in complaintNamed in settlement
• MIXON MANUFACTURING & ENGINEERING, INC.Named in complaintNamed in settlement

Facilities (1)

• RAMONA BOTTLING INC

  411 RAVEN ST, SAN DIEGO, CA, 92102

  Registry ID: 110009539044

Statutes cited

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

Enforcement conclusions (1)

• CA CREATIVE DYNAMICS, INC, MIXON MANUFACTURING & Eentered 1988-06-02

  Primary law: CERCLA

Timeline (8 milestones)

• 1987-04-05Enforcement Action Data Entered
• 1987-05-11Referred To Headquarters
• 1987-06-18Referred To Dept Of Justice
• 1987-09-23Complaint Filed With Court
• 1988-06-02Final Order Lodged
• 1988-06-02Final Order Entered
• 1988-06-02Concluded
• 1988-06-02Enforcement Action Closed