[See more SEABOARD/HIGH POINT LANDFILL public files, here.]
Even though the Seabord Chemical/High Point Landfill site was shut down in the early 90s, ongoing groundwater and surface water assessments indicate that after all these years, the “remediation” and cleanup has been subject to numerous delays, and not enough oversight and enforcement to motivate the Responsible Parties to finish the clean up and removal of hazardous contaminants that remain in the soil, aquifers and groundwater, and continue to drain into Deep River.
The Responsible Parties begin with Seaboard Chemical Corporation, which operated for years as North Carolina’s largest processor of hazardous waste with more than 1,300 industrial customers. As of April 1, 1989 (the year Seaboard filed for bankruptcy), Seaboard Chemical Corporation was a subchapter S corporation. The Owners were Greensboro businessmen Melton Jewell (president), James Reittinger (vice president) and Michael Falk (secretary).
In 1989, before Deep River/Randleman Lake became a primary drinking water supply, a memo to the file described Seaboard’s early history as follows:
From 1974 to 1989, Seaboard received, treated, stored and disposed of more than 18 million gallons of hazardous substances on site at its location on Riverdale Drive. Hazardous substances were received from many sources. Seaboard went bankrupt in 1989 and was designated a Superfund site in 1997, but was not placed on the National Priorities List. [see more on Seaboard’s history HERE]
The City of High Point owns and operated the landfill surrounding the Seaboard site from the 1950s to 1993. Prior to 1974, High Point accepted hazardous substances at the landfill. From 1966 to 1970, operations at the landfill included disposal and open burning of volatile organic and semi-volatile organic compounds.
WORK PARTIES. Per the 2008 Remedial Action Settlement Agreement, each of the following companies “discharged or deposited; or by contract agreement, or otherwise arranged for the discharge or deposit; or accepted for discharge or deposit; or transported or by contract, agreement or otherwise arranged for the transport for the purpose of discharge or deposit of hazardous substances at the Seaboard site.”
Together with Seaboard and the City of High Point, the group is called the “Responsible Parties,” and they are ordered to “implement an effective remedial action program for the Seaboard site within reasonable time limits:”
City of High Point, Akzo Nobel Coatings, American Woodmark Corp., Ashland Inc., BASF Corporation, Brenntag North America, Carolina Solvents, Clariant Corporation, ConocoPhillips Company, ExxonMobile Corporation, General Electric, Huntsman Corporation, NEPTCO Inc., PermaFix, Cookson Electronics, Marsh Furniture, Rexam Inc., Rockwell Automation, Teva Pharmaceuticals USA, Environmental Enterprises, Valspar Corporation, Thomasville Furniture Industries, Walt Disney World.
DE MINIMIS PARTIES. This group consists of “potentially responsible” companies or persons “who arranged for disposal or treatment or transport for disposal or treatment of no more than 85,000 gallons of hazardous substances at the [Seaboard/High Point Landfill] Facility. This group could settle their obligations through a buy-out offer based on the volume of hazardous waste they disposed of at the Site. These are the De Minimis parties (and their respective gallons of waste):
This is the group that accepted the offer to settle by writing a check payable to “The Seaboard Chemical Corp./Riverdale Drive Landfill De Minimis Settlement Trust Fund:”
THE TRUST FUND. The Settlement Agreement orders the Trustees of the Seaboard Chemical Corp./Riverdale Drive Landfill De Minimis Settlement Trust Fund (the “De Minimis Trust Fund”) to “submit a financial report to the NC Division of Waste Management, Seaboard Group II, each WORK PARTY and the City of High Point on an annual basis, showing the financial condition of the Trust Fund, including without limitation income and expenses of the Trust Fund for the period and cash flow projections that project the level of Response and Trust Fund administrative costs at the Site that are anticipated to be incurred for the succeeding year.”
The Order also states that “The De Minimis Trust Fund shall be held in an income bearing account” and is “to be treated as a qualified settlement fund as described in Treasury Regulations Section 1.468B-I or any successor provision thereto. The principal of the De Minimis Trust Fund, together with any income accrued thereon, shall be distributed for payment of Response Costs and costs of administering the Trust Fund, including the payment of taxes.
“If the City, Seaboard Group II and all Work Parties decline, fail or refuse to undertake construction, operation and maintenance of the approved remedial action program for the Site pursuant to the Remedial Action Settlement Agreement, then any funds remaining in the De Minimis Trust Fund shall upon order of the Division [of Waste Management] Director be paid to the Division in partial payment of Response Costs related to the Site.
“Payment of funds in the De Minimis Trust Fund to the Division shall not relieve the City, Seaboard Group II, or the Work Parties of their responsibility to comply with the Remedial Action Settlement Agreement and the Declaration and Order, and the Division may take administrative and judicial action against the City and one or more of the Work Parties to compel compliance with the Remedial Action Settlement Agreement and the Declaration and Order irrespective of whether funds have been paid to the Division.
“This Trust shall terminate upon the latter of the Financial Trustee’s receipt of written notice from the Division (or successor thereto) of satisfactory completion of remedial action at the Site or distribution of the Trust Fund pursuant to Section XII hereof. In no event, however, shall this Trust continue for a period in excess of twenty-one (21) years from the date of death of the last to die of the individuals signing this AGREEMENT or their descendants who are living as of the date hereof.”
DOCUMENTS:
Seaboard Group chairman:
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