EPA v. PACIFIC INTERMEDIATES

Case summary

THIS REFERRAL RECOMMENDS LITIGATION TO RECOVER APPROXIMATELY $266,000 SPENT BY EPA IN CONNECTION WITH AN EMERGENCY REMOVAL ACTION AT THE PACIFIC INTERMEDIATES SITE IN VENTURA COUNTY, THE CALIFORNIA (THE SITE ). PACIFIC INTERMEDIATES WAS A CHEMICAL BLENDING OPERATION THAT SUPPLIED INGREDIENTS PRIMARILY TO PHARMACEUTICAL COMPANIES. THE OPERATION OCCUPIED PART OF A BUILDING LOCATED IN A MIXED INDUSTRIAL/RESIDENTIAL AREA. ON APRIL 10, 1989, A FIRE OCCURRED AT PACIFIC INTERMEDIATES, RESULTING IN RELEASES OF HAZARDOUS SUBSTANCES. THE VENTURA COUNTY FIRE DEPARTMENT RESPONDED TO THE FIRE, EVACUATED LOCAL RESIDENTS AND, AT THE RECOMMENDATION OF THE VENTURA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, ALLOWED THE FIRE TO BURN UNTIL POTENTIAL HAZARDS COULD BE POSITIVELY IDENTIFIED. AFTER THE FIRE WAS EXTINGUISHED, THE LOCAL RESPONSE AGENCIES DETERMINED THAT THE SITUATION WAS BEYOND THEIR CAPABILITIES AND REQUESTED EPA ASSISTANCE. ON APRIL 12, 1989, EPA ASSUMED THE ROLE OF LEAD AGENCY AND BEGAN RESPONSE ACTION TO MITIGATE THE IMMEDIATE THREAT AND TO CLEAN UP THE SITE. EPA GAVE VERBAL NOTICE TO A SITE-LANDOWNER REPRESENTATIVE OF POTENTIAL CERCLA LIABILITY, BUT WAS TOLD BY THE REPRESENTATIVE THAT THE TIME CONSTRAINTS PRECLUDED HIS SECURING THE NECESSARY CLEANUP RESOURCES. EPA MOBILIZED THE EMERGENCY RESPONSE CLEANUP CONTRACTOR AND INITIATED SITE STABILIZATION. EPA ISSUED AN ADMINISTRATIVE ORDER ON MAY 4, 1989, TO CERTAIN POTENTIALLY RESPONSIBLE PARTIES FOR FINAL SITE CLEANUP. REPRESENTATIVES OF THE LANDOWNER SATISFACTORILY COMPLIED WITH THE ORDER. NO FURTHER RESPONSE ACTION IS REQUIRED AT THE SITE. THE POTENTIALLY RESPONSIBLE PARTIES IDENTIFIED IN THIS REFERRAL INCLUDE THE SITE LANDOWNER AND THE OWNERS/OPERATORS OF THE CHEMICAL FIRM. ON AUGUST 22, 1990, EPA SENT LETTERS TO THESE PARTIES DEMANDING PAYMENT OF EPA'S COSTS FOR SITE-RELATED RESPONSE ACTIVITIES. WE ARE REQUESTING THAT THE DEPARTMENT OF JUSTICE (DOJ) FILE A COST RECOVERY CASE AGAINST THESE PARTIES PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. 9607(A).

Defendants (4)

• PACIFIC INTERMEDIATESNamed in complaintNamed in settlement
• ADAMS, BENJAMIN LYNNNamed in complaintNamed in settlement
• BEMER, VIRGINIA (TRUSTEE OF RISNER)Named in complaintNamed in settlement
• J.R. INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• PACIFIC INTERMEDIATES

  11019 JACINTO WY, SATICOY, VENTURA, CA, 93003

  Registry ID: 110010729621

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• PACIFIC INTERMEDIATESentered 1993-07-09

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-09-28Enforcement Action Data Entered
• 1990-09-28Referred To Dept Of Justice
• 1991-07-16Complaint Filed With Court
• 1993-07-09Final Order Lodged
• 1993-07-09Final Order Entered
• 1993-07-09Concluded
• 1993-08-31Enforcement Action Closed