Attorney General's News Release

March 23, 2006

Nixon sues Monroe County chemical business for illegal, haphazard stockpile of old pesticides

Paris, Mo. — An agri-chemical retail business that haphazardly stockpiled hundreds of containers of useless pesticides collected from customers over a period of several years is the target of a lawsuit filed by Attorney General Jay Nixon. Nixon is seeking a court order for the pesticides to be removed immediately and disposed of properly.

Filed today in Monroe County Circuit Court, the lawsuit cites Carman Chemicals Inc. of Paris, and its owners, J.P. Carman and Janice Carman, with more than 40 violations of state environmental laws, primarily the Hazardous Waste Management Law. Carman Chemicals is located at 25358 Business Highway 24 West in Paris. The defendants allegedly failed to properly dispose of the containers, many of which were unlabeled or mislabeled, or were deteriorating, spilling their poisonous contents into the environment. Inspectors from the Missouri Department of Natural Resources and the U.S. Environmental Protection Agency found that the pesticides had polluted a tributary of the Middle Fork Salt River. The Carmans have also used their home on Warren Road in Paris to store hazardous chemicals.

"The folks running this outfit basically ignored all the laws and responsibilities to assure public safety and protection of the environment," Nixon said. "It is imperative that they remove these containers to a proper facility and manage these toxic materials until they are safely and permanently removed."

Nixon is asking the court to order the defendants to immediately remove all materials deemed by the MDNR to be solid or hazardous waste and deliver them by carriers approved by the department to treatment, storage or disposal facilities approved by the department. The lawsuit also asks that the defendants:

• Immediately cease all discharges or potential discharges of contaminants into waters of the state from their two Paris locations;
• Immediately cease accepting or creating solid waste for storage or disposal in violation of the Solid Waste Management Law or the department's regulations pertaining to solid waste management.
• Immediately cease open burning of solid or hazardous waste.
• Create and maintain accurate records demonstrating compliance with MDNR requirements for transportation and delivery of the materials to approved treatment, storage or disposal facilities;
• Comply with all regulations applicable to a treatment, storage and disposal facility and all regulations that apply to a large quantity hazardous waste generator.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818