EPA v. STANFORD, ROBERT L./STANFORD FARMS

Case summary

THE SITE COMPRISES A SMALL PORTION OF AN AGRICULTURAL TRACT LEASED BY THE COCOPAH INDIAN TRIBE TO ROBERT L. STANFORD, DBA STANFORD FARMS, FROM 1983 THROUGH 1986. STANFORD FARMS IS A PARTNERSHIP MADE UP OF ROBERT L. STANFORD AND HIS SONS, GREGORY D. STANFORD AND STEVEN H. STANFORD. THE SITE LIES IN THE HEART OF THE RESERVATION'S COMMUNITY CENTER, ADJACENT TO THE TRIBAL HEADQUARTERS AND POLICE STATION. THE SITE WAS USED AS A STORAGE AREA FOR PESTICIDES AND AGRICULTURAL EQUIPMENT WHICH WERE APPARENTLY USED ON THE OTHER PORTIONS OF THE LEASED TRACT. IN EARLY 1987, EPA WAS CONTACTED BY YUMA COUNTY AND ASKED TO ASSIST IN A CLEAN-UP OF THE SITE. FOLLOWING AN INVESTIGATION OF THE SITE BY REGION 9'S AIR AND TOXICS DIVISION'S ( ATD ) PESTICIDES SECTION, THE SITE WAS REFERRED TO EPA'S EMERGENCY RESPONSE SECTION FOR A POTENTIAL CERCLA REMOVAL ACTION. ON MARCH 17, 1987, EPA ASSUMED THE ROLE OF LEAD AGENCY AND INITIATED AN EMERGENCY RESPONSE ACTION. ON NOVEMBER 14, 1987, AFTER DETERMINING THAT THE IN-SITU SOIL TREATMENT WAS SUCCESSFUL AND AFTER TRANSPORTING ALL OF THE CONTAINERS OF HAZARDOUS SUBSTANCES TO A PERMITTED STORAGE FACILITY, EPA'S TEAM AT THE SITE WAS DEMOBILIZED. DURING MARCH - APRIL 1987, THE ON-SCENE COORDINATOR ( OSC ), DANIEL SHANE, MADE REPEATED ATTEMPTS TO CONTACT ROBERT L. STANFORD BUT MR. STANFORD FAILED TO RETURN ANY OF EPA'S TELEPHONE CALLS. ON APRIL 1, 1987, THE OSC ISSUED A VERBAL NOTICE OF FEDERAL INTEREST VIA TELEPHONE WHICH WAS RECORDED ON ROBERT L. STANFORD'S TELEPHONE ANSWERING MACHINE ON APRIL 28, 1987, A FOLLOW-UP WRITTEN NOTICE OF FEDERAL INTEREST WAS SEND BY CERTIFIED MAIL TO ROBERT L. STANFORD'S HOME ADDRESS IN YUMA, ARIZONA. THE NOTICE LETTER WAS STAMPED REFUSED AND RETURNED TO EPA. EPA WAS UNABLE TO LOCATE ROBERT L. STANFORD UNTIL SEPTEMBER 7, 1990, WHEN EPA HAND-SERVED HIM WITH A LETTER CONTAINING NOTICE OF LIABILITY; DEMAND FOR PAYMENT OF EPA COSTS; AND CERCLA SECTION 104(E) REQUESTS FOR FINANCIAL INFORMATION TO ROBERT L. STANFORD AND STANFORD FARMS. ON OCTOBER 19, 1990, EPA RECEIVED A REFUSAL TO PAY THE AMOUNT DEMANDED AND A PARTIAL 104(E) RESPONSE FROM ROBERT L. STANFORD, AND A REFUSAL TO ANSWER THE 104(E) REQUEST FROM STANFORD FARMS. ON OCTOBER 29, 1990, EPA SENT, BY CERTIFIED MAIL, A REITERATION OF ITS DEMAND FOR PAYMENT AND A FOLLOW UP 104(E) INFORMATION REQUEST TO ROBERT L. STANFORD. IN THE SAME LETTER, EPA INFORMED ROBERT L. STANFORD THAT STANFORD FARMS' REFUSAL TO ANSWER EPA'S INFORMATION REQUEST CONSTITUTED A VIOLATION OF SECTION 104(E) OF CERCLA, 42 U.S.C. 9604(E), AND WOULD POTENTIALLY SUBJECT STANFORD FARMS TO PENALTIES OF UP TO $25,000 PER DAY FOR EACH DAY UNTIL A RESPONSE IS RECEIVED BY EPA. IN A SEPARATE CERTIFIED MAIL LETTER DATED OCTOBER 29, 1990, EPA PROPOUNDED A SUPPLEMENTAL INFORMATION REQUEST TO STANFORD FARMS ALONG WITH A NOTICE OF LIABILITY AND DEMAND FOR PAYMENT. ALSO, ON OCTOBER 29,1990, EPA SENT CERTIFIED MAIL LETTERS CONTAINING NOTICE OF LIABILITY, DEMAND FOR PAYMENT OF EPA COSTS, AND 104(E) REQUESTS FOR INFORMATION TO STEVEN AND GREGORY STANFORD. EPA HAS NOT YET RECEIVED RESPONSES TO THESE LETTERS.

Defendants (4)

• STANFORD FARMS, A PARTNERSHIPNamed in complaintNamed in settlement
• STANFORD, GREGORY D.Named in complaintNamed in settlement
• STANFORD, ROBERT L.Named in complaintNamed in settlement
• STANFORD, STEPHEN H.Named in complaintNamed in settlement

Facilities (2)

• USDOI STANFORD 2

  W 2W 2SW 4 S31, YUMA, AZ, 85365

  Registry ID: 110010689148

• USDOI STANFORD 1

  NEAR AVE I & COUNTY HWY 14 1/2, YUMA, AZ, 85365

  Registry ID: 110010729658

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• STANFORD, ROBERT L.entered 1993-10-27

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-08-01Enforcement Action Data Entered
• 1990-10-29Referred To Dept Of Justice
• 1990-11-02Complaint Filed With Court
• 1993-10-27Final Order Lodged
• 1993-10-27Final Order Entered
• 1993-10-27Concluded
• 1993-12-31Enforcement Action Closed