7/14/11 - REFERRAL SENT TO DOJ.
8/29/2011 - DOJ FILED A COMPLAINT AGAINST FMC CORP IN THE U.S. DISTRICT COURT, MDAL, NORTHERN DIVISION. THE COMPLAINT SEEKS A DECLARATORY JUDGMENT AND RECOVERY OF APPROX $1.9 MILLION FOR THE EPA'S REMOVAL COSTS INCURRED DURING EMERGENCY AND TIME-CRITICAL REMOVAL ACTIONS CONDUCTED AT THE SITE IN 2005 AND 2007. THE SITE IS THE LOCATION OF AN ABANDONED OIL RECLAMATION FACILITY THAT PERFORMANCE ADVANTAGE, INC., OPERATED FROM THE LATE 1970s TO THE LATE 1980s OR EARLY 1990s. HAZARDOUS SUBSTANCES FOUND AT THE SITE CONTAINED TOTAL HALOGENS IN EXCESS OF 1,000 PPM. USED OIL CONTAINED TOTAL HALOGENS IN EXCESS OF 1,000 PPM IS A HAZARDOUS SUBSTANCE PURSUANT TO CERCLA 101(14). THE COMPLAINT ALLEGES THAT FMC, AN INTERNATIONAL CHEMICAL AGRICULTURAL PRODUCT MANUFACTURING CORPORATION, ARRANGED FOR THE DISPOSAL OR TREATMENT OF WASTE AND/OR USED OIL CONTAINING HAZARDOUS SUBSTANCES AT THE SITE, AND IS THEREFORE LIABLE FOR THE AGENCY'S RESPONSE COSTS PURSUANT TO CERCLA 107(a)(3). IN 1984, EPA SUCCESSFULLY PROSECUTED PERFORMANCE ADVANTAGE INC. (NOW DEFUNCT) AND ITS PRESIDENT, LYNDOL BOLTON (NOW DECEASED) IN A FEDERAL CRIMINAL CASE FOR THE ILLEGAL DISPOSAL AND TRANSPORT OF WASTE DRUMS CONTAINING HAZARDOUS WASTE. IN 2006, EPA RECOVERED $30,000 OF ITS RESPONSE COSTS PURSUANT TO A SETTLEMENT AGREEMENT WITH THE PAST OWNER OF THE SITE, THE W.F. DUNNAM FAMILY TRUST. THE SETTLEMENT AMOUNT WAS BASED ON THE AGENCY AND DOJ'S ABILITY-TO-PAY ANALYSES OF THE TRUST'S ASSETS AT