REMOVAL ORDER. THE KANAWHA RIVER SITE IS CONTAMINATED WITH 2,3,7,8 - TCDD. THIS CONTAMINANT IS A FINGERPRINT BY-PRODUCT OF THE PRODUCTION OF THE CHEMICALS 2,4,5-TRICHLOROPHENOXYACETIC ACID ( 2,4,5,-T ). 2,4,5-T WAS PRODUCED BY THE OLD MONSANTO COMPANY AT A FACILITY ON THE BANKS OF THE KANAWHA RIVER IN THE VICINITY OF NITRO, WV. THIS FACILITY IS THE PRIMARY SOURCE OF RELEASES OF 2,3,7,8-TCDD TO THE KANAWHA RIVER. 2,3,7,8-TCDD CONTAMINATION IN THE KANAWHA RIVER HAS CAUSED (1) A FISH ADVISORY BANNING CONSUMPTION OF FISH CAUGHT IN THE KANAWHA; AND (2) THE KANAWHA'S INCLUSION ON WV'S LIST OF WATER QUALITY-IMPAIRED WATER BODIES. RESPONDENT PHARMACIA IS AN ENTITY FORMERLY KNOWN AS MONSANTO COMPANY, THE FORMER OWNER AND OPERATOR OF THE AFOREMENTIONED CHEMICAL MANUFACTURING FACILITY. RESPONDENT MONSANTO IS A FORMER SUBSIDIARY OF PHARMACIA THAT IS NOW AN INDEPENDENT AND THAT HAS EXPRESSLY ASSUMED PHARMACIA'S LIABILITIES RELATED TO THE PRODUCTION OF 2,4,5-T.
The current operator of the Nitro facility is Flexsys, a joint venture of Solutia, Inc. and Akzo Nobel. Solutia filed for Chapter 11 bankruptcy protection in December, 2003. The Region will be filing a proof of claim with respect to the Site in that bankruptcy.
Both Solutia and Monsanto received Notice Letters from Region III. Monsanto forwarded its Notice Letter to Pharmacia, its former parent. In its response to Region III, Pharmacia stated that, because of certain Separation and Distribution Agreements be