# TOWER CHEMICAL COMPANY
> **Judicial** · FY1984 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `20199`
- **Case Number:** 04-1984-0012
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** $0
- **Cost recovery:** $110K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- JAMES GALLAGHER/GALLAGHER LAND TRUST (complaint) (settlement)
- RALPH ROANE/TOWER CHEMICAL CO (complaint) (settlement)
## Summary

NATURE OF THE CASE:  DURING THE PERIOD FROM 1957 TO LATE   1980, TOWER CHEMICAL CO. OPERATED A PLANT IN CENTRAL FLORIDA WHICH MANUFACTURED AND DISTRIBUTED AGRICULTURAL PRODUCTS IN- CLUDING VARIOUS PESTICIDES. WASTEWATER ASSOCIATED WITH THE   PRODUCTION OF PESTICIDES WAS DISCHARGED INTO AN UNLINED POND AND BOXES AND BAGS FORMERLY USED FOR PESTICIDE CONTAINMENT   WERE DISPOSED OF BY OPEN BURNING AND BURIAL ON THE SITE. IN- VESTIGATIONS AT THE SITE BY EPA AND FDER DOCUMENTED THE PRE- SENCE OF VARIOUS PESTICIDES AND METALS IN WATER AND SEDIMENT SAMPLES TAKEN FROM THE POND, IN SOIL IN THE BURIAL/BURN AREA AND IN THE GROUNDWATER. SUCH SUBSTANCES INCLUDED DDT,KELT-   HANE, DIBROMOCHLOROPROPANE ( DBCP ), CHLOROBENZILATE, AR-    SENIC, CADMIUM, COPPER, AND ZINC.                              CAUSE OF ACTION:  PURSUANT TO THE AUTHORITY OF SECTION 104 OF CERCLA, EMERGENCY RESPONSE TRUST FUNDS WERE USE TO        FINANCE AN IMMEDIATE REMOVAL ACTION AT THE TOWER CHEMICAL CO SITE. PRIOR TO THE IMMEDIATE REMOVAL, A CERCLA SECTION 106   ORDER WAS ISSUED REQUIRING RESPONSIBLE PARTIES TO CONDUCT    THE CLEAN UP. THE PARTIES FAILED TO UNDERTAKE THE REQUIRED   ACTION.                                                      SECTION 107 OF CERCLA AUTHORIZES THE U.S. TO RECOVER SECTION  104 RESPONSE COSTS AND PUNITIVE DAMAGES THROUGH CIVIL ACT-  ION IN FEDERAL DISTRICT COURT.                                 RECOMMENDED ACTION:  IT IS THE PURPOSE OF THIS REFERRAL TO RECOMMEND THAT THE DEPARTMENT OF JUSTI

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