EPA v. ALLIED-SIGNAL INCORPORATED

Case summary

THE REFERRAL RECOMMENDS THAT DOJ INITIATE LITIGATION UNDER SECTION 107 OF CERCLA ON BEHALF OF EPA TO RECOVER APPROXIMATELY $17 MILLION IN PAST RESPONSE COSTS AND TO SEEK A DECLARATORY JUDGMENT UNDER 28 U.S.C. SECTION 2201 REGARDING THE LIABILITY FOR FUTURE RESPONSE COSTS IN CONNECTION WITH THE NORTH HOLLYWOOD OPERABLE UNIT AT THE SAN FERNANDO VALLEY AREA 1 NPL SITE (NHOU SITE). THE PROPOSED DEFENDANTS ARE THE CURRENT OWNER AND OPERATORS OF SIX FACILITIES WITHIN THE CLEANUP ZONE OF THE NHOU SITE. EPA IS ALSO CONSIDERING ADDING A CLAIM FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR THE FAILURE OF ONE OF THESE PROPOSED DEFENDANTS, ALLIED-SIGNAL INC., TO PROVIDE TAX RETURNS AS REQUESTED UNDER THE AUTHORITY OF SECTION 104(E) OF CERCLA. THE NHOU SITE IS ONE OF FIVE OPERABLE UNITS WITHIN THE EASTERN HALF OF THE SAN FERNANDO VALLEY BASIN IN LOS ANGELES COUNTY, CALIFORNIA. YEARS OF UNSOUND AND UNREGULA- TED CHEMICAL HANDLING AND DISPOSAL PRACTICES HAS LED TO MASSIVE GROUNDWATER CONTAMINATION AND THE CLOSURE OF NUMEROUS PRODUCTION WELLS. ACCORDING TO RECENT GROUNDWATER MONITORING DATA, THE PLUME OF CONTAMINATION FROM TCE EXTENDS OVER AN 11 MILE AREA AND SPREADS OUT ALMOST 3 MILES AT ITS GREATEST WIDTH. CONCENTRATIONS AS HIGH AS 340,000 PPB OF TCE HAVE BEEN DETECTED IN THE BASIN (68,000 TIMES THE FEDERAL MCL OF 5 PPB FOR TCE ESTABLISHED UNDER THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300F, ET SEQ) IN 1986, AT THE REQUEST OF STATE AND LOCAL AGENCIES, EPA DESIGNATED FOUR WELL FIELDS WITHIN THE SAN FERNANDO VALLEY BASIN AS NPL SITES: NORTH HOLLYWOOD, CRYSTAL SPRINGS, VERDUGO, AND POLLOCK. EPA IS MANAGING THESE FOUR SITES AS ONE LARGE SITE BECAUSE THEY ALL LIE WITHIN ONE HYDRAULICAL- LY-CONNECTED ALLUVIAL BASIN. TO QUICKEN THE PACE OF CLEANUP AND TO ARREST THE SPREAD OF CONTAMINATION, EPA DECIDED TO INSTITUTE DISCRETE, INTERIM REMEDIAL ACTIONS AT THE MOST HEAVILY CONTAMINATED AREAS PRIOR TO THE COMPLETION OF AN AREA-WIDE RI/FS. EVENTUALLY, ALL OF THE OPERABLE UNIT ACTIVITIES, WHETHER PUBLICLY OR PRIVATELY FUNDED, WILL BE COORDINATED AND HARMONIZED WITH THE FINAL AREA-WIDE LONG- TERM REMEDY. IN SEPTEMBER 1987, EPA ISSUED A ROD FOR THE NHOU SITE DOCUMENTING THE SELECTION OF AN INTERIM REMEDIAL ACTION THAT INCLUDES THE DESIGN, CONSTRUCTION, AND 15 YEARS OF O&M OF A GROUNDWATER EXTRACTION AND TREATMENT SYSTEM. EPA MANAGES THE NHOU SITE CLEANUP THROUGH COOPERATIVE AGREEMENTS WITH THE LOS ANGELES DEPARTMENT OF WATER AND POWER AND THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD. THE FORMER DESIGNED, CONSTRUCTED, AND NOW OPERATES AND MAINTAINS THE NHOU SITE, WHILE THE LATTER INVESTIGATES AND ISSUES CLEANUP ORDERS THAT ADDRESS THE POTENTIAL SOURCES OF GROUNDWATER CONTAMINATION. THESE SOURCE INVESTIGATIONS, IN TURN, HAVE PROVIDED EPA WITH SUFFICIENT EVIDENCE TO DETERMINE THAT ELEVEN OWNERS AND OPERATORS OF SIX FACILITIES WITHIN THE CLEANUP ZONE OF THE NHOU SITE SHOULD BE PROPOSED AS DEFENDANTS FOR THE REFERRAL. EPA BELIEVES THAT THIS ACTION SHOULD BE FILED BY APRIL 30, 1993, WHEN THE STATUTE OF LIMITATIONS ON EPA'S CLAIM FOR PAST COSTS MAY EXPIRE.

Defendants (34)

• AIRPORT GROUP INTERNATIONAL, INC.Named in complaintNamed in settlement
• ALLIED-SIGNAL INC.Named in complaintNamed in settlement
• AVX FILTERS CORPORATIONNamed in settlement
• BASINGER, JOSEPH W.Named in complaintNamed in settlement
• BENJAMIN FAMILY TRUST, THENamed in settlement
• BENJAMIN, HERMANNamed in settlement
• BENJAMIN, ISABELNamed in settlement
• BROWNING-FERRIS INDUSTRIESNamed in settlement
• CALIFORNIA CAR HIKERS SERVICENamed in complaintNamed in settlement
• CALMAT CO.Named in complaintNamed in settlement
• CONROW, JERRYNamed in complaintNamed in settlement
• COOKE, WILLIAM L.Named in complaintNamed in settlement
• CROWN DISPOSAL COMPANY, INC.Named in settlement
• E.I. DUPONT DE NEMOURSNamed in settlement
• E/M CORPORATIONNamed in settlement
• FLEETWOOD MACHINE PRODUCTSNamed in complaintNamed in settlement
• FLEETWOOD MACHINE PRODUCTS, INC.Named in complaintNamed in settlement
• HAWKER PACIFIC, INC.Named in complaintNamed in settlement
• HR TEXTRON, INC.Named in settlement
• INCHCAPE, INC.Named in settlement
• LOCKHEED AIR TERMINAL, INC.Named in complaintNamed in settlement
• LOS ANGELES BY-PRODUCTS CO.Named in complaintNamed in settlement
• LOS ANGELES COUNTY METROPOLITAN TRANSP.Named in settlement
• NIELS BRUNN-ANDERSONNamed in complaintNamed in settlement
• NUPLA CORPORATIONNamed in settlement
• …and 9 more

Facilities (8)

• MORGAN CHEMICAL PRODUCTS INCORPORATED E M DIVISION

  6940 FARMDALE AVE., N HOLLYWOOD, CA, 916056210

  Registry ID: 110000477207

• PACIFIC STEEL TREATING CO INCORPORATED

  6829 FARMDALE AVE., N HOLLYWOOD, CA, 91605

  Registry ID: 110002142770

• ALLIED SIGNAL INCORPORATED AEROSPACE CO ELECTRODYNAMICS

  11600 SHERMAN WAY, N HOLLYWOOD, CA, 91605

  Registry ID: 110002142734

• SAN FERNANDO VALLEY (AREA 1)

  NORTH HOLLYWOOD WELLFIELD AREA, N HOLLYWOOD, CA, 91601

  Registry ID: 110009267961

• HAWKER PACIFIC INCORPORATED

  11310 SHERMAN WY, SUN VALLEY, CA, 913524944

  Registry ID: 110000887853

• LOCKHEED CORP.

  10720 SHERMAN WY, BURBANK, CA, 91504

  Registry ID: 110010647773

• FLEETWOOD MACHINE PRODUCTS INC

  11447 VANOWEN ST, N HOLLYWOOD, CA, 91605

  Registry ID: 110002860244

• HAWKER PACIFIC INCORPORATED

  11310 SHERMAN WY, SUN VALLEY, CA, 913524944

  Registry ID: 110000887853

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• ALLIED-SIGNAL, INC.entered 1997-05-14

  Primary law: CERCLA

• ALLIED-SIGNAL, INC.entered 1996-08-01

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-03-16Enforcement Action Data Entered
• 1993-03-19Referred To Dept Of Justice
• 1993-10-26Complaint Filed With Court
• 1997-02-18Final Order Lodged
• 1997-05-14Final Order Entered
• 1997-05-14Concluded
• 1997-09-23Enforcement Action Closed