EPA v. CHAPMAN, H.B., JR.

Case summary

THE REGION HAS REFERRED TO THE DEPARTMENT OF JUSTICE A CIVIL ACTION AGAINST H.B. CHAPMAN, JR. THE CASE SEEKS THE RECOVERY UNDER CERCLA 107 OF $33,946 IN RESPONSE AND OVERSIGHT COSTS (PLUS INTEREST) INCURRED IN CONNECTION WITH A REMOVA. CHAPMAN, WHO OWNS AND OPERATED THE SITE, USED IT FOR STORAGE AND SALE OF MILITARY AND COMMERCIAL SURPLUS CHEMICALS. DUE TO THE HAPHAZARD MANNER IN WHICH THESE CHEMICALS WERE STORED, RELEASES OCCURRED, CAUSING EPA TO ORDER CHAPMAN (UNDER CERCLA 106) TO CONDUCT A REMOVAL AT THE SITE. CHAPMAN REFUSED TO OBEY THIS ORDER FOR ALMOST A YEAR. AS A RESULT, THE CASE ALSO SEEKS TREBLE DAMAGES FOR THIS NON-COMPLIANCE. IN ADDITION, CHAPMAN HAS NEVER FULLY RESPONDED TO OUR INFORMATION REQUEST SENT TO HIM UNDER CERCLA 104(E), AND THE CASE SEEKS PENALTIES FOR THIS FAILURE THE SITE IS LOCATED IN PALOMINO VALLEY, NEVADA, 20 MILES NORTH OF SPARKS. THE SITE IS NEAR THE BUREAU OF LAND MANAGEMENT WILD HORSE AND BURRO ADOPTION CENTER, WHICH SERVES AS A TEMPORARY HOME FOR HUNDREDS OF WILD HORSES AND BURROS THAT ARE PROTECTED UNDER THE WILD HORSE AND BURRO ACT OF 1976. A FIRE/EXPLOSION AT THE FACILITY COULD HAVE EXPOSED WORKERS AND ANIMALS AT THIS FACILITY TO HAZARDOUS SUBSTANCES. IN ADDITION, ENDANGERED SPECIES SUCH AS THE DESERT FOX ARE PRESENT IN THE AREA. RELEASES FROM THE SITE ALSO THREATENED TO ENTER THE REGIONAL AQUIFER, WHICH IS USED FOR DRINKING AND AGRICULTURE.

Defendants (2)

• CHAPMAN, H.B., JR.Named in complaintNamed in settlement
• CHAPMAN, H.B., JR. - 2Named in complaintNamed in settlement

Facilities (1)

• BOEING NORTH AMERICAN INC ROCKETDYNE DIV

  OFF HWY 33 PALOMINO VALLEY, RENO, NV, 89510

  Registry ID: 110007979946

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107C3 — Treble Damages
• CERCLA 104E2 — Information and/or Access
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• CHAPMANentered 1996-12-21

  Primary law: CERCLA

• CHAPMANentered 1996-09-10

  Primary law: CERCLA

  Federal penalty: $50,000

Timeline (6 milestones)

• 1993-12-15Enforcement Action Data Entered
• 1994-01-24Referred To Dept Of Justice
• 1994-03-25Complaint Filed With Court
• 1996-12-21Final Order Lodged
• 1996-12-21Final Order Entered
• 1996-12-21Concluded