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Department of Toxic Substances Control v. Witco Corporation

United States District Court, E.D. California
Feb 6, 2006
No. CIV F-98-6264 OWW/TAG (E.D. Cal. Feb. 6, 2006)

Opinion

No. CIV F-98-6264 OWW/TAG.

February 6, 2006

BILL LOCKYER, Attorney General of the State of California THEODORA BERGER, State Bar No. 050108 Assistant Attorney General KEN ALEX, State Bar No. 111236 Supervising Deputy Attorney General BRETT J. MORRIS, State Bar No. 158408 JANILL L. RICHARDS, State Bar No. 173817 Deputy Attorneys General Oakland, California, Attorneys for Plaintiff Department of Toxic Substances Control.

PILLSBURY WINTHROP SHAW, PITTMAN, LLP, SARAH G. FLANAGAN, JACOB R. SORENSEN, San Francisco, CA, Attorneys for Defendant CHEMTURA CORPORATION.

PAUL, HASTINGS, JANOFSKY WALKER LLP, JOHN P. PHILLIPS, San Francisco, CA, Attorneys for Defendant THE DOW CHEMICAL COMPANY.


JOINT STATUS REPORT; ORDER SETTING FURTHER STATUS CONFERENCE


This joint status report is submitted on behalf of plaintiff the Department of Toxic Substances Control ("DTSC") and defendants Chemtura Corporation (previously Crompton Corporation) ("Chemtura") and the Dow Chemical Company ("Dow").

Status of the Litigation and Parties

This case involves property contaminated by the drum reconditioning operations of San Joaquin Drum Company ("SJDC") in Bakersfield, California. DTSC is concerned about two parcels: the main SJDC site, 3930 Gilmore Avenue; and a parcel across the street from the main site allegedly used by SJDC to store drums, 3213 Gibson Street (the "Cady Property").

DTSC brought this action against six defendants: Chemtura (then Witco Corporation), Dow, Chevron U.S.A., Inc. ("Chevron"), Western Farm Services, Inc. ("Western Farm"), Helt Petroleum ("Helt") and Clifford Pitts. DTSC dismissed its claims against Helt, a defunct corporation without assets, on September 3, 1999. DTSC's claims against Chevron and Western Farm have been resolved by settlement. The Court entered Consent Decrees effectuating these settlements on March 15, 2004, and August 30, 2005, respectively. On DTSC's request, the clerk entered Clifford Pitts's default on February 26, 2004. Only DTSC's claims against Chemtura and Dow remain pending. Chevron has completed its clean up and investigative work at the main SJDC site. Western Farm has submitted a final work plan for commencement of its investigation at the Cady Property. Western Farm's consultant is expected to commence work in the coming weeks. The remaining parties to this action continue their settlement discussions. This action is currently stayed until March 1, 2006.

Results of the Investigation of the Main Site

As set forth in the parties' September 19, 2006, status report, Chevron conducted certain investigative and clean up work at the main SJDC site as required by the Chevron/DTSC settlement. Chevron removed the majority of the remaining structures and contaminated soil at the main site and installed groundwater monitoring wells. Chevron's work has substantially reduced the remaining work that must be done at the main site. The data from Chevron's investigation show that there is some contamination of ground water at and near the site. The contaminants of concern in ground water that are above regulatory action levels are lead and arsenic; because of their chemical properties, these contaminants do not, however, tend to move quickly downgradient in ground water and any contamination is therefore likely localized. The pesticide DDE is also present in ground water, but at concentrations below regulatory action levels. During its work, Chevron discovered an additional on-site well that may have been used by SJDC for disposal. Chevron is in the process of closing that well.

Investigation of the Cady Property

Pursuant to the settlement between Western Farm and DTSC, Western Farm will begin its investigative work at the Cady Property shortly. The investigation will take a phased approach, subsequent phases contingent on the results of the preceding phases. In addition, Western Farm Service will pay at least $200,000, and up to $300,000, toward DTSC's costs.

On January 16, 2006, Western Farm submitted to DTSC a Final Phase 1 Investigation Work Plan, incorporating changes and comments provided by DTSC on the draft work plan. DTSC is now reviewing the final work plan and expects to approve it in the coming days. Field work at the Cady Property should begin shortly after work plan approval. The parties should have preliminary data by March 1, 2006, and a draft report on the Phase 1 investigation by early April 2006.

The only two defendants that have appeared and are still part of the case are Chemtura and Dow. Chemtura, Dow and DTSC believe that once the data from the Cady Property investigation is available, it is likely that they will be able to resolve the remaining claims in this case without resort to further litigation.

Parties' Request for Further Stay of Action and Status Conference

For the foregoing reasons, Chemtura, Dow and DTSC respectfully request that the Court extend the stay of litigation currently in place until July 3, 2006, and set a further status conference in this case for June 14, 2006, at 8:45 a.m. The parties will file a joint status conference statement by June 1, 2006.

ORDER

IT IS ORDERED that the stay currently in place shall be extended to July 3, 2006. A further status conference shall be held June 14, 2006, at 8:45 a.m. The parties may appear telephonically. A supplemental status report shall be filed with the Court by June 1, 2006. The scheduling conference set for February 15, 2006 is vacated.


Summaries of

Department of Toxic Substances Control v. Witco Corporation

United States District Court, E.D. California
Feb 6, 2006
No. CIV F-98-6264 OWW/TAG (E.D. Cal. Feb. 6, 2006)
Case details for

Department of Toxic Substances Control v. Witco Corporation

Case Details

Full title:DEPARTMENT OF TOXIC SUBSTANCES CONTROL, Plaintiff, v. WITCO CORPORATION…

Court:United States District Court, E.D. California

Date published: Feb 6, 2006

Citations

No. CIV F-98-6264 OWW/TAG (E.D. Cal. Feb. 6, 2006)