# CHELSE TERM/POSITIVE CHEM
> **Judicial** · FY1981 · — · Litigated With Penalty
## Case
- **Activity ID:** `1837`
- **Case Number:** 02-1981-0010
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Litigated With Penalty
- **Penalty assessed:** $23K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CHELSEA TERMINAL, INC. (complaint) (settlement)
- POSITIVE CHEMICAL CORPORATION (complaint) (settlement)
## Summary

NATURE OF THE CASE:                                             JOHN LYNCH & 2 CORP'S CONTROLLED BY HIM, POSITIVE       CHEMICAL CORP & CHELSEA TERMINAL, INC.(POSITIVE/CHELSEA),    OPERATED AS A TOXIC & HAZ WASTE STORAGE AREA A FORMER        PETROLEUM TANK FARM ON STATEN ISLAND, NY. THE SITE, KNOWN    AS CHELSEA TERMINAL, WAS LEASED BY LYNCH FROM TEXACO,INC,    FROM 6/78 TO 5/80. THE LEASED FACILITY CONTAINED 9 LARGE     TANKS W/A TOTAL STORAGE CAPACITY OF ALMOST 1 MILLION GAL.    THE RA OF REGN 2 HAS DETERMINED THAT POSITIVE/CHELSEA HAS    NOT PREPARED OR IMPLEMENTED A SPILL PREVENTION CONTROL &     COUNTERMEASURE (SPCC) PLAN REQUIRED BY THE CWA TO SAFE-      GUARD AGAINST DAMAGE BY SPILLS OF OIL OR HAZ SUBSTANCES.       CAUSE OF ACTION:                                                THE DEF'S FAILURE TO IMPLEMENT OR PREPARE AN SPCC       PLAN IN VIOL OF 40 CFR 112, WHICH IMPLEMENTS SEC 311(J)      (1)(C) OF THE CWA, RESULTED IN SERIOUS GROUND POLLUTION      OF THE SITE & OBSERVABLE POLLUTION OF WATERS OF THE          ARTHUR KILL. THE AGENCY ISSUED NOV TO POSITIVE/CHELSEA ON    12/12/79, ALONG W/OTHER POTENTIAL DEF'S USING THE SITE.      AS A RESULT OF INFO RECEIVED THROUGH A STTLMNT CONF ON       5/21/80, PAPERS FILED BY THE RESPONDENTS TO THE NOV'S, &     CONVERSATIONS W/A REPRESENTATIVE OF THE STATE OF NY, THE     RA APPORTIONED FINANCIAL LIABILITY AMONG THE RESPONDENTS     ON 11/30/80, IN ACCORDANCE W/40 CFR PART 114. IN THAT AP-    PORTIONMENT, POSITIVE/CHELSEA WAS ASSE

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