HPI Products Inc. Facilities, St. Joseph, Buchanan County, Missouri – Fact Sheet, November 2022
Site Update
Introduction
HPI Products Inc., St. Joseph Properties LLC, and Mr. William Garvey (Defendants) own/operated pesticide manufacturing, storage, and distribution facilities located in St. Joseph, Missouri. Since 2018, the U.S. Department of Justice, U.S. Environmental Protection Agency (EPA), state of Missouri, Missouri Attorney General, and Missouri Department of Natural Resources (collectively referred to as Plaintiffs in this fact sheet) have sought the Defendants’ compliance with the 2011 Consent Decree (CD) in the U.S. District Court for the Western District of Missouri.
The 2011 CD is an agreement filed in federal court to resolve violations of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA). Since the 2011 CD, Plaintiffs have worked, and continue to work, to enforce the 2011 CD in federal court. This Fact Sheet is intended to update the community of St. Joseph on the status of the Defendants’ facilities.
Background
The 2011 CD covered the following facilities located in St. Joseph:
- 222 Sylvanie (also includes 313 South 3rd Street)
- 424 S. 8th Street
- 417 S. 4th Street
- 1300 S. 8th Street
- 317 W. Florence Road
- 1421 S. 11th Street (also includes 1301 S. 11th Street)
Since at least 2007, the Defendants have stored thousands of containers of hazardous, non-hazardous, and uncharacterized wastes at their facilities that are located in overburdened communities. Over several years, EPA and state inspectors repeatedly found rusted and leaking containers at the Defendants’ facilities and observed that the facilities themselves were dilapidated, with some buildings partially collapsed or in danger of collapse. The city of St. Joseph has repeatedly sought compliance with city codes.
Enforcement History
In 2007, EPA issued three Unilateral Administrative Orders (UAOs) for the 222 Sylvanie, 424 S. 8th Street, and 417 S. 4th Street facilities. The UAOs required the Defendants to identify the waste at their facilities and initiate cleanup efforts. In 2008, the Plaintiffs filed a lawsuit alleging violations of multiple state and federal environmental laws, to seek penalties and require the Defendants to identify the waste and initiate cleanup efforts at the UAO facilities, as well as three additional facilities located at 1300 S. 8th Street, 317 W. Florence Road, and 1421/1301 S. 11th Street. In 2011, the Defendants agreed to a settlement (2011 CD) but the Plaintiffs observed only sporadic progress addressing the waste and required cleanup.
In 2018, the Plaintiffs filed a motion asking the Court to hold the Defendants in contempt and to appoint a receiver to determine if the Defendants had the financial ability to comply with the 2011 CD. The motion was granted, however the Plaintiffs agreed to pause the Court’s Order after the Defendants established an escrow account to begin funding the required work and agreed to timelines for accomplishing it. Though the Defendants complied with some CD requirements, generally, noncompliance continued and the cleanup efforts slowed. Consequently, in June 2021, the Plaintiffs moved the Court to reinstate the Order to appoint a temporary receiver and to freeze the Defendants’ assets and prohibit the further generation of waste, unless authorized by the Plaintiffs. On Jan. 14, 2022, Judge Kays of the Western District of Missouri issued an Order appointing a temporary receiver, for a period of 60 days, to take control of the Defendants’ assets, including their facilities, and to determine if the Defendants have the financial ability to comply with the Consent Decree. On March 15, 2022, the temporary receiver submitted a report to the Court recommending that the receivership be extended until June 30, 2022, to provide additional time for the temporary receiver’s operation of the Defendants’ business to generate revenue to pay for third-party oversight of operations and initiation of compliance efforts. On March 15, 2022, the Court granted the Plaintiffs’ request to extend the temporary receivership to June 30, 2022.
The temporary receiver has determined that the Defendants are not able ability to comply with the CD or operate in compliance with the law without third party oversight, which Defendants cannot fund.
On Sept. 19, 2022, the Court ordered Defendants’ business operations relating to chemical formulation/mixing, packaging, storage, distribution, sale and/or disposal at the properties to cease immediately except for a short period of time to complete ongoing production. The Court Order also required certain actions to take place with oversight of the temporary receiver. Some of those actions included the securing of Defendants’ facilities and the return of raw materials/products that belonged to third parties.
Current Status
The temporary receiver has reported that operations have ceased. Currently the temporary receiver is providing oversight for securing the Defendants’ facilities and the return of raw materials and finished product to Defendants’ customers.
Once all court ordered activities have been completed, the EPA Superfund Program plans to assess these properties for potential future actions.
Contact Information
Kevin Snowden
EPA Region 7 (ECAD/CB/RCRA)
11201 Renner Blvd.
Lenexa, KS 66219
Email: [email protected]
Amelia Holcomb
Community Involvement Coordinator
EPA Region 7 (ORA/OPA)
11201 Renner Blvd.
Lenexa, KS 66219
Phone: 913-551-7952
Toll-free: 1-800-223-0425
Email: [email protected]