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M/V RIO NEUQUEN

Judicial · FY1985 · — · Final Order With Specified Cost Recovery · 33890

Penalty
$500K
Cost recovery
Compliance action

Case

Case Number
06-1985-0007
Type
Judicial
Lead
EPA
Outcome
Final Order With Specified Cost Recovery
DOJ Docket
90-11-3-92
Multimedia
N
Self-disclosure
N

Defendants (4)

Summary

06/03/85-THIS CAUSE OF ACTION IS FOR REIMBURSEMENT OF IMMEDIATE REMOVAL COSTS INCURRED BY THE U. S. COAST GUARD DURING THE PERIOD JULY 27, 1984 THROUGH AUGUST 8, 1984, WHILE RESPONDING TO THE RELEASE OF A HAZARDOUS SUBSTANCE FROM THE ARGENTINE VESSEL M/V RIO NEUQUEN, MOORED AT THE PORT OF HOUSTON AUTHORITY. OF THE TWO CAUSES OF ACTION, ONE IS AGAINST THE OWNER AND OPERATOR OF THE VESSEL, EMPRESAS LINEAS MARITIMAS ARGENTINAS, S. A., AND THE OTHER IS AGAINST BERNADO CHEMICAL, LTD., THE GENERATOR OF THE HAZARDOUS SUB- STANCE, ALUMINUM PHOSPHIDE FUMIGANT (SOLD UNDER THE NAME GASTOXIN). THE MATTER WAS REFFERED TO EPA FROM THE COAST GUARD PURSUANT TO EXECUTIVE ORDER 12316 AND THE INSTRUMENT OF REDELEGATION DATED OCTOBER, 1981. ON JULY 27, 1984, THERE WAS AN EXPLOSION OF SAID VESSEL RE SULTING IN THE DEATH OF ONE LONGSHOREMAN, INJURIES TO SEVERAL OTHERS AND A SMALL FIRE. THE EXPLOSION OCCURRED IN A TWENTY FOOT CARGO CONTAINER CONTAINING IMPROPERLY SEALED ALUMINUM FLASKS OF ALUMINUM PHOSPHIDE FUMIGANT PACKED IN CARDBOARD BOXES AND STORED IN THE UPPER 'TWEEN DECK OF THE VESSEL'S NUMBER TWO HOLD. THE RELEASE OF A LARGE QUANTITY OF TOXIC-FLAMMABLE PHOSPHINE GAS FOLLOWED THE EXPLOSION, CREATING POTENTIAL CONDITIONS FOR ADDITIONAL EXPLOSIONS. WHILE STABILIZING THE MATERIAL IN THE HOLD WITH NITROGEN, THE COAST GAURD REPACKED THE FUMIGANT IN RECOVERY DRUMS AND CONTROLLED THE TEMPERATURE O

Source

Authoritative
EPA ECHO
Machine
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