EPA v. Absorbent Technologies Site

Case summary

The Absorbent Technologies Site is comprised of two properties where a company manufactured a soil additive which allowed farmers to use less water. This manufacturing process involved the use of chemicals, including acrylonitrile, hydrogen cyanide, potassium hydroxide, sulfuric acid, phosphoric acid, methanol and toxic metals. The properties which comprise the Site are located at 2830 Ferry Street SW, and 140 SW Queen Avenue in Albany, Oregon. When the manufacturing operations ceased in October 2013, a substantial amount of chemicals were discarded on-site. Following a notice from the Albany Fire Department, EPA required and performed cleanup activities at the Site through April 2014. In a prior settlement, EPA received a payment of $250,000 from owners and operators of the Site. The proposed administrative settlement agreement which is currently subject to public comment will require River City Environmental, Inc., David L. Ellis, Pamela L. Ellis, and Farouk Al-Hadi, four owners of property at the Queen Avenue portion of the Site, to pay EPA a total of $187,500. These parties also funded or performed some of the cleanup work required by EPA at the Site. EPA incurred approximately $364,786 in response costs for the Queen Avenue portion of the Site. Pursuant to the terms of the proposed CERCLA Section 122(h)(1) Settlement Agreement for Recovery of Response Costs, the settling parties will pay EPA a total of $187,500. Of that amount, River City will pay $75,000, and Mr. Ellis, Ms. Ellis, and Mr. Al-Hadi will jointly pay $112,500. In return for those payments, EPA covenants not to sue the settling parties for past response costs ? response costs incurred by EPA prior to the effective date of the proposed Settlement Agreement ? at the Site.

Defendants (4)

• River City Engineering, Inc.Named in complaintNamed in settlement
• Ellis, Pamela L.Named in complaintNamed in settlement
• Ellis, David L.Named in complaintNamed in settlement
• Al-Hadi, Farouk H.Named in complaintNamed in settlement

Facilities (1)

• ABSORBENT TECHNOLOGIES SITE

  140 QUEEN AVE SW, ALBANY, OR, 97322

  Registry ID: 110000487973

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Absorbent Technologies Siteentered 2018-09-24

  Primary law: CERCLA

Timeline (2 milestones)

• 2018-09-24Final Order Issued
• 2018-10-15Enforcement Action Data Entered