EPA v. PACIFIC HIDE & FUR DEPOT, INC

Case summary

NATURE OF CASE/CAUSE OF ACTION PACIFIC HIDE & FUR DEPOT, INC. D/B/A PACIFIC STEEL HIDE RECYCLING CO. IS A MONTANA CORPORATION DOING BUSINESS IN IDAHO. FROM ABOUT AUGUST 1979 TO PRESENT, PACIFIC HAS OPERATED A RECYCLING & SCRAP BUSINESS ON A SITE OF ABOUT 17 ACRES ABOUT 1 MI W OF POCATELLO ON HWY 30 W. DURING THE COURSE OF OPERATING THE BUSINESS, NUMEROUS CAPACITATORS CONTAINING PCB'S WERE RECEIVED, CUT UP AND SOLD FOR SCRAP VALUE. IN MARCH 1983 FEDERAL AGENTS FOUND APPROXIMATELY 550 BURIED OR CONCEALED PCB CAPICATATORS AND APPROXIMATELY 100 CUBIC YARDS OF SOIL CONTAMINATED WITH PCB'S. MARCH 4, 1983 EPA ORDERED PACIFIC TO UNDERTAKE EMERGENCY RESPONSE TO REMEDY THE HAZARDOUS SITUATION CAUSED BY THE RELEASE AND THREATENED RELEASE OF PCB'S INTO THE ENVIRON- MENT. PACIFIC DID NOT RESPOND. EPA BEGAN CLEAN-UP MARCH 7, 1983 UNDER CERCLA, FULLY FUNDED FROM THE HAZARDOUS SUBSTANCE RESPONSE TRUST FUND. A PRELIMINARY INJUNCTION WAS GRANTED REQUIRING DEFENDANTS TO COOPERATE IN THE CLEAN-UP AND TO PROVIDE REQUESTED INFORMATION. THIS CIVIL ACTION IS INSTITUTED PURSUANT TO SEC 7 & 17 OF TSCA, 15 USC, 2606 & 2616 FOR INJUNCTIVE RELIEF TO ABATE AND REMEDY VIOLATIONS OF TSCA; PURSUANT TO SEC 106 OF CERCLA, 42 USC, 9606 FOR INJUNCTIVE RELIEF TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH AND WELFARE AND ENVIRONMENT BECAUSE OF ACTUAL AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES; PURSUANT TO SEC 7003 OF RCRA, 42 USC, 6973 FOR EQUITABLE RELIEF TO ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH AND ENVIRONMENT RESULTING FROM HANDLING, STORAGE, TREATMENT, TRANSPORTATION & DISPOSAL OF SOLID & HAZARDOUS WASTE; PURSUANT TO SEC 107 OF CERCLA, 42 USC, 9607 TO REQUIRE PAYMENT BY DEFENDANTS FOR ALL COSTS INCURRED BY US GOVN'T IN UNDERTAKING RESPONSE ACTION.

Defendants (10)

• CHRISTIANSON, SHERRY MCCARTYNamed in complaintNamed in settlement
• IDAHO POWER CONamed in complaintNamed in settlement
• MCCARTY'S INC.Named in complaintNamed in settlement
• MCCARTY, BETTYNamed in complaintNamed in settlement
• PACIFIC HIDE & FUR DEPOT DBA HIDE RECYCLNamed in complaintNamed in settlement
• MCCARTY, DANANamed in complaintNamed in settlement
• MCCARTY, MICHAELNamed in complaintNamed in settlement
• MCCARTY, RICHARDNamed in complaintNamed in settlement
• MCCARTY, TERRYNamed in complaintNamed in settlement
• MCCARTY, WILLIAM N.Named in complaintNamed in settlement

Facilities (1)

• MCCARTYS PACIFIC HIDE & FUR

  3575 US HWY 30 W, POCATELLO, ID, 83204

  Registry ID: 110006164587

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• TSCA 17 — Toxic Sub Control Act
• TSCA 7 — Imminent Hazard
• CERCLA 107 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• PACIFIC HIDE & FUR/IDAHO POWERentered 1998-09-26

  Primary law: CERCLA

• PACIFIC HIDE & FUR DEPOT INCentered 1986-09-29

  Primary law: CERCLA

Timeline (8 milestones)

• 1983-02-01Enforcement Action Data Entered
• 1983-03-10Referred To Dept Of Justice
• 1983-03-11Referred TO U.S. Attorney
• 1983-03-16Complaint Filed With Court
• 1998-09-26Final Order Lodged
• 1998-09-26Final Order Entered
• 1998-09-26Concluded
• 1999-08-03Enforcement Action Closed