EPA v. SOUTH MOUNTAIN FARMS, INC.

Case summary

THIS REFERRAL SEEKS ACTION UNDER SECTIONS 107(A) AND (C)(3) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, ( CERCLA OR THE ACT ), 42 U.S.C. 9607(A) AND (C)(3), TO: (1) RECOVER APPROXIMATELY $717,361.80 SPENT BY EPA (PLUS ADDITIONAL COSTS INCURRED TO LITIGATE THIS CLAIM AND PREJUDGMENT INTEREST); AND (2) IMPOSE PUNITIVE DAMAGES FOR FAILURE TO COMPLY WITH AN ORDER ISSUED BY EPA UNDER SECTION 106 OF CERCLA, 42 U.S.C. 9606, IN RELATION TO THE EMERGENCY REMOVAL OF PESTICIDE CONTAMINATION AT THE GILA RIVER INDIAN RESERVATION SITE, MARICOPA COUNTY, LAVEEN, ARIZONA. THE CONTAMINATION WAS CAUSED BY SPILLAGE OF PESTICIDES DURING MIXING, BY THE RINSING OF AIRPLANE TANKS, AND BY THE DUMPING OF PESTICIDE CONTAMINATED CONTAINERS. EPA'S IMMEDIATE REMOVAL ACTION OCCURRED BETWEEN JULY 25, 1984 AND APPROX. SEPTEMBER 1986 AND WAS AUTHORIZED PURSUANT TO SECTION 104 OF CERCLA, 42 U.S.C. 9604.

Defendants (3)

• HUDSON FARMS, INC.Named in complaintNamed in settlement
• SOUTH MOUNTAIN FARMS, INC.Named in complaintNamed in settlement
• WILLIAMS, JOHN M. JR.Named in complaintNamed in settlement

Facilities (1)

• GILA RIVER INDIAN RESERVATION SITE

  51ST AVE & RAY RD, LAVEEN, AZ, 85339

  Registry ID: 110010729774

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SOUTH MOUNTAIN FARMSentered 1993-08-02

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1990-01-03Complaint Filed With Court
• 1993-08-02Final Order Lodged
• 1993-08-02Final Order Entered
• 1993-08-02Concluded
• 1993-10-05Enforcement Action Closed