EPA v. FMC YAKIMA SITE

Case summary

PREREFERRAL REQUESTS THE FILING OF A CIVIL ACTION TO SEEK RESPONSE COSTS AND INJUNCTIVE RELIEF PURSUANT TO SECTIONS 106, 107 122 OF CERCLA. THE SUBJECT OF THIS ACTION IS A FORMER PESTICIDE FORMULATION FACILITY OPERATED BY THE FARM MACHINERY CORP (FMC) IN YAKIMA, WA WHICH IS ON THE NATIONAL PRIORITIES LIST. FMC CONTINUOUSLY OPERATED THE FACILITY FORMULATING A WIDE VARIETY OF PESTICIDE DUSTS FROM 1951 TO 1986 UNDER SUCCESSIVELY RENEWED LEASES FROM PREDECESSOR AND SUBSIDIARY CORPORATIONS OF THE UNION PACIFIC CORP. LIQUID FORMULARY OPERATIONS BEGAN IN A SEPARATE ON-SITE BUILDING IN THE EARLY 1970'S, AND ELGETOL WAS FORMULATED FROM 1980 TO 1986 IN ANOTHER SEPARATE ON-SITE BUILDING. AGRICULTURAL SPRAY OILS WERE ALSO FORMULATED AT THE FACILTIY. NOTWITHSTANDING THAT AT LEAST ONE UNION PACIFIC CORPORATE ENTITY MENTIONED ABOVE IS CLEARLY A PRP PURSUANT EITHER TO SECTION 107A OF CERCLA AS THE CURRENT OWNER OF THE FACILITY, OR AS PAST OWNER AT THE TIME HAZARDOUS SUBSTANCES WERE DISPOSED OF AT THE FACILITY. FMC HAS BEEN TREATED BY EPA AS THE SOLE RESPONSIBLE PARTY TO DATE BECAUSE IT EXCLUSIVELY CAUSED THE CONDITIONS REQUIRING REMEDIATION, AND IS FINANCIALLY ABLE TO PERFORM ALL REQUIRED REMEDIATION. FMC HAS NEVER CONTESTED BEING TREATED AS THE ONLY RESPONSIBLE PARTY, AND HAS NOT INDICATED ANY INTENTION TO DENY LIABILITY OR ATTEMPT TO IDENTIFY OTHER PRP'S. AS A RESULT OF PESTICIDE 'HOT SPOTS' IN A FORMER DISPOSAL PIT, WHICH HAD CONTAMINATION LEVELS OF DICLORODIPHENYL TRICHLOROETHANE (DDT) AND OTHER PESTICIDES AS HIGH AS 25,000 MG/KG, FMC PERFORMED A REMOVAL AND PROPER DISPOSAL OF THE CONTAMINANTS IN THE PIT PURSUANT TO AN ORDER ON CONSENT FOR NECESSARY RESPONSE ACTIONS ISSUED BY REGION 10 ON 5/31/88. ON 7/31/87 EPA ISSUED AN ADMINISTRATIVE ORDER ON CONSENT REQUIRING AND AUTHORIZING FMC TO CONDUCT THE RI/FS FOR THE SITE. AS A RESULT OF EPA'S DECISION TO QUICKLY ADDRESS THE FORMER DISPOSAL PIT, THE MOST CONTAMINATED AREA AT THE SITE, THE RI/FS WAS PERFORMED IN PHASES. PHASE I PRINCIPALLY CONCERNED THE DISPOSAL PIT, WHILE PHASE II, WHICH INCORPORATES THE PHASE I DATA AND RESULTS, ADDRESSES THE WHOLE SITE. EPA HAS SELECTED A PROPOSED REMEDY CONSISTING OF ON-SITE INCINERATION OF CONTAMINATED SOILS AND CONCRETE IN ADDITION TO FURTHER GROUND WATER MONITORING. IT IS BELIEVED THAT THE SOIL REMEDIATION WILL REMOVE THE SOURCE OF GROUND WATER CONTAMINATION AND OBVIATE ANY NEED FOR GROUND WATER REMEDIAL ACTION. IF GROUND WATER MONITORING DATA DOES NOT SUPPORT THIS BELIEF, EPA WILL REVISIT THE ISSUE OF GROUND WATER REMEDIATION. EPA ANTICIPATED ISSUANCE OF A ROD FOR THE SITE IN 9/90. A SPECIAL NOTICE LETTER WILL BE ISSUED TO BEGIN FORMAL NEGOTIATIONS AS SOON AS THE ROD IS ISSUED AND DOJ HAS APPROVED DRAFT CONSENT DECREE.

Defendants (1)

• FARM MACHINERY CORP (FMC)Named in complaintNamed in settlement

Facilities (1)

• FMC CORPORATION

  4 W WASHINGTON AVE, YAKIMA, WA, 98903

  Registry ID: 110005311180

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• FMC CORPORATIONentered 1991-12-06

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-07-23Enforcement Action Data Entered
• 1990-07-23PRN Sent
• 1991-05-13Referred To Dept Of Justice
• 1991-08-16Complaint Filed With Court
• 1991-12-06Final Order Lodged
• 1991-12-06Final Order Entered
• 1991-12-06Concluded
• 2006-05-19Enforcement Action Closed