EPA v. PETERY, GERALD

Case summary

THIS REFERRAL SEEKS THE FILING OF AN ACTION UNDER SECTION 107(A) OF CERCLA, TO RECOVER $2,839,149.16 SPENT BY EPA (PLUS ADDITIONAL COSTS INCURRED TO LITIGATE THIS CLAIM AND PREJUDGMENT INTEREST) IN RELATION TO THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY PERFORMED AT THE SELMA PRESSURE TREATING COMPANY SITE, AND FOR SUBSEQUENT RESPONSE COSTS, INCURRED BETWEEN 1981 AND 1991. WE ALSO RECOMMEND SEEKING A DECLARATORY JUDGMENT FOR LIABILITY FOR FUTURE RESPONSE COSTS INCURRED BY THE UNITED STATES AT THE SITE. THE SPTC SITE CONSISTS OF A WOOD TREATING FACILITY AND ADJACENT VINEYARDS LOCATED ON A PARCEL OF APPROXIMATELY EIGHTEEN (18) ACRES ON DOCKERY AVENUE, SELMA, CALIFORNIA. THE SITE IS LOCATED ABOUT FIFTEEN (15) MILES SOUTH OF FRESNO AND ADJACENT TO THE SOUTHERN CITY LIMITS OF SELMA. WOOD TREATING OPERATIONS WERE CONDUCTED AT THE SITE FROM AT LEAST 1942 UNTIL SEPTEMBER, 1981. PAST WASTE DISCHARGE PRACTICES FROM THE WOOD PRESERVING PROCESS ORIGINALLY EMPLOYED AT THE SITE LED TO CONTAMINATION OF THE SOIL AND GROUNDWATER AT THE SITE. THE SITE-RELATED CONTAMINANTS OF CONCERN FOUND IN SURFACE AND SUBSURFACE SOILS INCLUDE CHROMIUM, ARSENIC, COPPER, DIOXIN/FURAN, PENTACHLOROPHENOL (PCP), AND TRICHLOROPHENOLS (TCP). CHROMIUM IS THE HAZARDOUS SUBSTANCE FOUND IN THE GROUNDWATER IN EXCESS OF THE ARAR BASED CLEANUP LEVEL.

Defendants (4)

• PETERY, GERALDNamed in complaintNamed in settlement
• SCHUESSLER, MARY ANNNamed in complaintNamed in settlement
• SELMA LEASING CO.Named in complaintNamed in settlement
• SELMA PRESSURE TREATING CO.Named in complaintNamed in settlement

Facilities (1)

• SELMA TREATING COMPANY

  1735 DOCKERY AVENUE, SELMA, CA, 93662

  Registry ID: 110064129223

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SELMA PRESSURE TREATING CO.entered 1996-04-01

  Primary law: CERCLA

Timeline (7 milestones)

• 1981-05-01Enforcement Action Data Entered
• 1991-08-30Referred To Dept Of Justice
• 1991-09-23Complaint Filed With Court
• 1996-04-01Final Order Lodged
• 1996-04-01Final Order Entered
• 1996-04-01Concluded
• 1996-05-01Enforcement Action Closed