# KOGUTS NURSERY SUPERFUND SITE
> **Administrative - Formal** · FY2001 · — · —
## Case
- **Activity ID:** `1595`
- **Case Number:** 01-2001-0149
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** —
- **Penalty assessed:** —
- **Cost recovery:** $165K
- **Compliance action $:** $232K
- **Multimedia (multi-env):** N
## Defendants
- KOGUT NURSERY (complaint) (settlement)
## Summary

ON JULY 16, 2001 THE REGION SIGNED A CERCLA 122H AGREEMENT FOR RECOVERY OF PAST COSTS AT THE KOGUT'S NURSERY SUPERFUND SITE IN SUFFIELD, CT. THE AGREEMENT BECAME EFFECTIVE FOLLOWING A 30 DAY PUBLIC COMMENT PERIOD. UNDER THE AGREEMENT, THE SETTLING PARTY, KOGUT ENTERPRISES INC. HAS AGREED TO REIMBURSE THE U.S. $165,000, PLUS INTEREST, FOR  COSTS INCURRED BY EPA IN CONDUCTING A REMOVAL ACTION AT THE  SITE. THE SETTLING PARTY SHALL MAKE AN INITIAL $30,000     PAYMENT WITH THE BALANCE PAYABLE IN EIGHT EQUAL INSTALLMENTS OVER APPROXIMATELY TWO YEARS.  INTEREST ACCRUED ON THE UNPAID BALANCE WILL BE ADDED TO EACH INSTALLMENT PAYMENT. KOGUT OWNED THE SITE IN 1987. AT THAT TIME, TWENTY TONS ON   ZINEB (ZINC ETHYLENEBISDITHIOCARBAMATE) AND SMALLER QUANTITIES OF OTHER FUNGICIDES WERE STORED IN A STRUCTURE ON THE SITE THAT BURNED DOWN. THE FUNGICIDE REMAINING AFTER THE FIRE, PRIMARILY ZINEB DUST, ALONG WITH CONTAIMINATED DEBRIS, WAS PLACED INTO DRUMS BY A CONTRACTOR HIRED BY KOGUT THE DRUMS WERE NEVER DISPOSED. IN 1996 THESE 236 DRUMS OF MATERIAL FROM THE FIRE WERE DETERIORATING AND SOME WERE STORED SO THAT THEY WERE ROUTINELY EXPOSED TO WEATHER (I.E. PRECIPITATION). BASED UPON ITS INVESTIGATION OF THE    SITE, EPA DETERMINED THAT ACTUAL OR THREATENED RELEASES OF  HAZARDOUS SUBSTANCES AT THE SITE, IF NOT ADDRESSED BY        IMPLEMENTING THE SELECTED RESPONSE ACTION, WOULD PRESENT AN  IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH,  WELFARE, OR THE ENVIRONMENT. THROUGH EPA'S R

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*