EPA v. ATCHISON TOPEKA AND SANTA FE RAILWAY CO., THE

Case summary

ON THURSDAY, NOVEMBER 14, 1996, THE UNITED STATES FILED A CIVIL ACTION FOR COST RECOVERY AND DECLARATORY RELIEF UNDER CERCLA 107 IN THE U.S. DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA FOR THE BROWN AND BRYANT, ARVIN, SUPERFUND SITE. THE COMPLAINT IDENTIFIES THE FOLLOWING DEFENDANTS: BROWN & BRYANT, INC. AS CURRENT OWNER AND FORMER OPERATOR, THE SOUTHERN PACIFIC TRANSPORTATION COMPANY AND THE ATCHISON TOPEKA AND SANTA FE RAILWAY AS FORMER OWNERS, AND SHELL OIL COMPANY AS FORMER OWNER AND OPERATOR. THE BROWN & BRYANT, ARVIN SUPERFUND SITE IS LOCATED IN ARVIN, CALIFORNIA. THE SITE IS A FORMER AGRICULTURAL STORAGE, PACKAGING, AND DISTRIBUTION PLANT OPERATED BY BROWN & BRYANT, INC. FROM 1960 TO 1989. BOTH SOIL AND GROUNDWATER ARE CONTAMINATED AS A RESULT OF OPERATIONS AT THE SITE, AND THE SITE IS LISTED ON THE NPL. EPA HAS INCURRED AT LEAST $6.4 MILLION DOLLARS IN PAST RESPONSE COSTS, INCLUDING PRELIMINARY ASSESSMENTS, REMOVAL ACTIONS, AND REMEDIAL INVESTIGATION/FEASIBLITY STUDY, RECORD OF DECISION, AND REMEDIAL DESIGN FOR THE FIRST OU. THE SITE, HOWEVER, HAS NOT BEEN FULLY REMEDIATED AND FUTURE COSTS ARE ESTIMATED TO BE AT LEAST $5 MILLION DOLLARS. ---------------------------------------------------------------------------------------------------------------------------

Defendants (4)

• ATCHISON TOPEKA AND SANTA FE RAILWAY CO.Named in complaintNamed in settlement
• BROWN AND BRYANTNamed in complaintNamed in settlement
• SHELL OIL COMPANYNamed in complaintNamed in settlement
• SOUTHERN PACIFIC TRANSPORTATIONNamed in complaintNamed in settlement

Facilities (1)

• BROWN & BRYANT

  600 SOUTH DERBY ROAD, ARVIN, CA, 93203

  Registry ID: 110000609609

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Court Decision (Atchison, Brown & Bryant, et al.)entered 2002-05-24

  Primary law: CERCLA

Timeline (6 milestones)

• 1993-01-01Enforcement Action Data Entered
• 1996-11-01Referred To Dept Of Justice
• 1996-11-14Complaint Filed With Court
• 2002-04-24Final Order Lodged
• 2002-05-24Concluded
• 2002-05-24Final Order Entered