EPA v. NIESEN, GERALD A.

Case summary

IN THIS REFERRAL FOR A CIVIL ACTION UNDER SECTION 107 OF THE CERCLA, EPA IS SEEKING THE RECOVERY OF RESPONSE COSTS AND DAMAGES INCURRED AT THE LOMPOC PLATING REMOVAL SITE AGAINST THE CURRENT LAND OWNER OF THE SITE. THIS REFERRAL RECOMMENDS LITIGATION TO RECOVER THE APPROXIMATELY $180,272.48 PLUS INTEREST SPENT BY EPA IN CONNECTION WITH A TIME CRITICAL REMOVAL ACTION. EPA IS ALSO SEEKING TREBLE DAMAGES FOR FAILURE OF THE PROPERTY OWNER TO COMPLY WITH AN ORDER ISSUED PURSUANT TO CERCLA 106. DURING MARCH 16, 1990, RAID BY THE U.S. DEA AND SANTA BARBARA COUNTY SHERIFF'S DEPARTMENT, A LARGE AMOUNT OF CHEMICALS TYPICALLY ASSOCIATED WITH PLATING FACILITIES AND CHEMICALS USED IN THE MANUFACTURE OF ILLEGAL DRUGS WAS DISCOVERED ON A TWO ACRE RANCH PROPERTY WITH A PRIVATE RESIDENCE OWNED BY MR. GERALD A. NIESEN. MR. NIESEN LEASED THE PROPERTY TO MR. DAVID GOFORTH. THESE CHEMICALS WERE REPORTEDLY BROUGHT TO THE PROPERTY BY A FRIEND OF MR. GOFORTH, MR. FRED FRIEDLI. A NOTICE OF VIOLATION WAS ISSUED BY SANTA BARBARA COUNTY TO THE PROPERTY OWNER, MR. GERALD A. NIESEN, AND THE REPORTED OWNDER OF THE PLATING CHEMICALS, MR. FRED FRIEDLI, WHO HAD BEEN PLACED INTO CUSTODY BY THE SANTA BARBARA COUNTY SHERIFF'S DEPARTMENT FOR ALLEGEDDRUG MANUFACTURING. THE NOTICE OF VIOLATION REQUIRED THEM TO DEVELOP A WORKPLAN FOR THE SAFE REMOVAL AND DISPOSAL OF THE HAZARDOUS MATERIALS BY CLOSE OF BUSINESS ON MARCH 26, 1990. MR. GERALD NIESEN INFORMED SANTA BARBARA COUNTY THAT HE WAS UNABLE TO PERFORM THE CLEANUP UNDER THE TERMS OF THE NOTICE OF VIOLATION. EPA INVOLVEMENT FOLLOWED UNDER A REQUEST BY THE SANTA BARBARA COUNTY DEPARTMENT OF HEALTH SERVICES TO CONDUCT AN ASSESSMENT OF THE SITUATION AND CONDITIONS AT THE SITE. EPA TECHNICAL ASSISTANCE TEAM MEMBERS CONDUCTED A PRELIMINARY ASSESSMENT OF THE SITE AND BRIEFED THE EPA EMERGENCY RESPONSE SECTION. THE PRELIMINARY ASSESSMENT REVEALED DRUMS, VATS, AND TANKS OF QUESTIONABLE INTEGRITY SHOWING EVIDENCE OF LEAKAGE, BEING STORED IN AN UNSECURED MANNER AND WITH INCOMPATIBLE CHEMICALS IN CLOSE PROXIMITY. AN UNACCEPTABLE RISK OF VIOLENT REACTIONS AND THE RELEASE OF ACUTELY TOXIC GASES COULD OCCUR IF THESE INCOMPATIBLE CHEMICALS, INCLUDING ACIDS AND CYANIDES, WERE TO COME IN CONTACT. THE CONDITIONS POSED AN IMMINENT AND SUBSTANTIAL THREAT TO PUBLIC HEALTH, WELFARE, AND/OR THE ENVIRONMENT. THE CONDITIONS AT THE SITE MET THE CRITERIA ESTABLISHED IN THE NATIONAL CONTIGENCY PLAN FOR THE INITIATION OF A TIME CRITICAL REMOVAL ACTION. MR. GERALD NIESEN WAS GIVEN A VERBAL NOTICE OF FEDERAL INTEREST INFORMING HIM OF EPA'S PROPOSED ACTIONS BEFORE FORMAL SITE CHARACTERIZATION BY EPA AND EPA'S TECHNICAL ASSISTANCE TEAM BEGAN ON MARCH 31, 1990. ON APRIL 13, 1990, A WRITTEN NOTICE OF FEDERAL INTEREST AND CERCLA 106(A) ORDER WERE ISSUED TO MR. NIESEN AND MR. FRED FRIEDLI ORDERING THEM TO TAKE IMMEDIATE ACTIONS TO CONTAIN AND PREVENT THE RELEASE OR POTENTIAL RELEASE OF HAZARDOUS SUBSTANCES FROM THE SITE. THEY WERE GIVEN UNTIL APRIL 18, 1990, TO NOTIFY EPA OF THEIR INTENT TO COMPLY WITH THIS ORDER. MR. NIESEN WAS TOLD THAT THE EPA WOULD TAKE OVER OPERATIONS AT THE SITE IF HE COULD NOT COMPLY WITH THE TERMS OF THE ORDER. MR. NIESEN TOLD EPA THAT HE DID NOT HAVE THE FINANCIAL RESOURCES TO UNDERTAKE THE CLEANUP ACTION, AND DID NOT COMMIT TO OR INITIATE A CLEANUP RESPONSE BY THE DEADLINE. EPA'S REMOVAL OPERATIONS AT THE SITE COMMENCED ON APRIL 1, 1990. UPON COMPLETION OF SITE STABILIZATION, ON-SITE OPERATIONS WERE DEMOBILIZED THE SAME DAY. ON-SITE OPERATIONS WERE REMOBILIZED ON APRIL 18, 1990 AND WITH THE EXCEPTION OF WASTE TRANSPORTATION FOR DISPOSAL WERE CONCLUDED ON APRIL 26, 1990. THE M

Defendants (5)

• FRIEDLI, FRED
• HENDERSON, TOM
• NIESEN, GERALD A.Named in complaintNamed in settlement
• NIESEN, MARIANNENamed in complaintNamed in settlement
• WEST COAST PLATING

Facilities (1)

• LOMPOC PLATING SITE

  1335 PURISMA ROAD, LOMPOC, CA, 93438

  Registry ID: 110010647782

Statutes cited

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

Enforcement conclusions (1)

• NIESEN, GERALD A.entered 1995-01-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-04-01Enforcement Action Data Entered
• 1993-03-31Referred To Dept Of Justice
• 1993-08-12Referred TO U.S. Attorney
• 1993-08-12Complaint Filed With Court
• 1995-01-30Final Order Lodged
• 1995-01-30Final Order Entered
• 1995-01-30Concluded