EPA v. WESTERN PROCESSING

Case summary

THE CITY OF KENT POSTED A STOP WORK ORDER IN CONNECTION WITH THE DREDGING OF CONTAMINATED SEDIMENTS IN MILL CREEK. THE BASIS FOR THE STOP WORK WAS THAT EPA FAILED TO OBTAIN A NECESSARY PERMIT FROM THE CITY. THE PRPS STOPPED THE WORK. EPA DIRECTED THE PRPS TO RECOMMENCE WORK WHEN IT DETERMINED THAT IT WAS NOT NECESSARY TO OBTAIN A PERMIT FOR ON-SITE CLEANUP ACTIVITIES. THEREFORE, THE STOP WORK ORDER WAS WITHOUT LEGAL EFFECT OR VALIDITY. EPA ALSO FILED A MOTION FOR DECLARATORY JUDGEMENT WITH THE DISTRICT COURT IN WHICH THE RD/RA CONSENT DECREE HAD BEEN ENTERED. THE MOTION REQUESTED A JUDICIAL DETERMINATION THAT A PERMIT FROM THE CITY WAS NOT NECESSARY FOR THE ON-SITE CLEANUP WORK. THE COURT GRANTED EPA'S MOTION. THE DREDGING OF CONTAMIN- ATED SEDIMENTS WAS PERFORMED.

Defendants (178)

• MONSANTO CO
• PRECISION CASTPARTS CORP
• REYNOLDS METALS CO
• SHELL OIL CO
• SIMPSON TIMBER CO
• TEKTRONIX INC
• UNIVERSITY OF PUGET SOUND
• WESTERN PNEUMATIC TUBE CO
• WEYERHAEUSER CO
• GATX TANK STORAGE TERMINALS CORP.
• GENERAL ELECTRIC CO.
• GENERAL PLASTICS MANUFACTURING CO.
• GEO. A. HORMEL & CO (HORMEL FINE FOODS)
• H.W. BLACKSTOCK (THE BLACKSTOCK CO)
• HEATH TECNA AEROSPACE CO (CITRON)
• HITCO, AUBURN DIV.
• HONEYWELL INC.
• HYGRADE FOOD PRODUCTS CORP.
• HYTEC INC.
• HYTEK FINISHES CO (CITRON)
• SCOTT PAPER CO
• SEA-LAND FREIGHT SERVICE INC
• SEATTLE TIMES
• SIXTY-01 ASSOC OF APT OWNERS
• LEBER INK CO.
• …and 153 more

Facilities (1)

• WESTERN PROCESSING CO INC

  7215 S 196TH ST, KENT, WA, 98031

  Registry ID: 110000897432

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Timeline (5 milestones)

• 1993-06-30Enforcement Action Data Entered
• 1993-07-13Referred To Dept Of Justice
• 1993-07-16Complaint Filed With Court
• 1993-07-26Concluded
• 1993-08-20Enforcement Action Closed