EPA v. United Heckathorn

Case summary

ON JULY 19, 1996, UNITED STATES DISTRICT COURT JUDGE CLAUDIA WILKEN APPROVED AND ENTERED THE FOUR CONSENT DECREES BETWEEN EPA AND ALL PRPS AT THE UNITED HECKATHORN SUPERFUND SITE LOCATED IN RICHMOND, CALIFORNIA. THESE SETTLEMENTS ALSO INCLUDE A $400,000 SETTLEMENT BETWEEN THE FEDERAL NATURAL RESOURCE TRUSTEES AND THE PRPS. THE DISTRICT COURT ALSO ENTERED THE RELATED CONSENT DECREE BETWEEN THE STATE OF CALIFORNIA AND THE PRPS AS WELL AS APPROVED THE PRP PRIVATE PARTY SETTLEMENT AGREEMENT. COMBINED THESE SETTLEMENTS HAVE ENDED ALL EXISTING LITIGATION RELATED TO THE SITE, INCLUDING A TWELVE YEAR OLD PRIVATE COST RECOVERY ACTION, LEVIN METALS V. PARR. THE FOUR EPA/PRP CONSENT DECREES WILL REQUIRE PRP FUNDING AND IMPLEMENTATION OF ALL REMEDIAL DESIGN AND REMEDIAL ACTION ACTIVITIES AT THE SITE. THE MARINE REMEDIAL ACTION WILL BE COMPLETED BY THIS FALL WITH THE UPLAND REMEDIAL WORK TO FOLLOW BY THE END OF THE CALENDAR YEAR. THESE REMEDIAL ACTIONS ARE EXPECTED TO COST BETWEEN $8-9 MILLION. PURSUANT TO THESE DECREES, EPA WILL BE REIMBURSED FOR A PORTION OF ITS PASTS COSTS AT THE SITE. GIVEN THE EXISTENCE OF AN ORPHAN SHARE AT THE SITE, EPA'S PAST COST RECOVERY IS CONSISTENT WITH THE RECENTLY ISSUED ORPHAN SHARE POLICY. THE UNITED HECKATHORN SITE IS LOCATED ON THE SHORE OF THE RICHMOND HARBOR AND INCLUDES UPLAND PROPERTY FORMERLY OCCUPIED BY A PESTICIDE FORMULATION PLANT. HAZARDOUS SUBSTANCE CONTAMINATION, PARTICULARLY DDT AND DIELDRIN, RELEASED FROM THE FORMULATION PLANT POSES UNACCEPTABLE RISKS TO THE ENVIRONMENT AS WELL AS TO INDIVIDUALS CONSUMING FISH CAUGHT IN RICHMOND HARBOR. THE REMEDIAL ACTIONS SELECTED IN EPA'S 1994 RECORD OF DECISION INCLUDE DREDGING OF CONTAMINATED SEDIMENT IN PORTIONS OF RICHMOND HARBOR AND INSTALLATION OF A CAP FOR UPLAND SOILS IN THE AREA FORMERLY OCCUPIED BY THE PESTICIDE FORMULATION PLANT.

Defendants (19)

• BACHMAN, FRANK C.Named in complaintNamed in settlement
• CHRIS-CRAFT INDUSTRIES, INC.Named in complaintNamed in settlement
• COX, JOHN PARRNamed in complaintNamed in settlement
• ELF ATOCHEM NORTH AMERICANamed in complaintNamed in settlement
• LEVIN ENTERPRISES, INC.Named in complaintNamed in settlement
• LEVIN RICHMOND TERMINAL, INC.Named in complaintNamed in settlement
• MCCOY, MIKENamed in complaintNamed in settlement
• MONTROSE CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• OLIN CORPORATION (JOHN POWELL & CO.)Named in complaintNamed in settlement
• PARR INDUSTRIAL CORPORATIONNamed in complaintNamed in settlement
• PARR-RICHMOND TERMINAL CO.Named in complaintNamed in settlement
• PRENTISS INCORP. (R.J. PRENTISS & CO.)Named in complaintNamed in settlement
• PUREGRO COMPANYNamed in complaintNamed in settlement
• RHONE-POULENC, INC.Named in complaintNamed in settlement
• SHELL OIL CO.Named in complaintNamed in settlement
• SHERWIN-WILLIAMS CO., THENamed in complaintNamed in settlement
• STAUFFER MANAGEMENT COMPANYNamed in complaintNamed in settlement
• UNOCAL CORPORATIONNamed in complaintNamed in settlement
• WILMINGTON SECURITIES, INC.Named in complaintNamed in settlement

Facilities (1)

• UNITED HECKATHORN CO.

  8TH & WRIGHT, RICHMOND, CA, 94804

  Registry ID: 110009268292

Statutes cited

• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• LEVIN GROUPentered 1996-07-19

  Primary law: CERCLA

• MISC. DEFENDANTSentered 1996-07-19

  Primary law: CERCLA

• MONTROSE GROUPentered 1996-07-19

  Primary law: CERCLA

• PARR GROUPentered 1996-07-19

  Primary law: CERCLA

Timeline (7 milestones)

• 1996-06-06Enforcement Action Data Entered
• 1996-06-06Referred To Headquarters
• 1996-06-07Referred To Dept Of Justice
• 1996-06-07Complaint Filed With Court
• 1996-07-19Final Order Lodged
• 1996-07-19Final Order Entered
• 1996-07-19Concluded