Attorney General's News Release

January 3, 2000

Court finds Cape Chemical Co. liable for hazardous waste violations in connection with release of toxic chemicals

Jefferson City, Mo. — A Cape Girardeau County Circuit Court has ruled in favor of the Attorney General's Office in finding a pest control business liable for violations of the state's hazardous waste management law in connection with the improper storage and release into the environment of old chemicals, including some that are highly toxic.

Judge Scott E. Thomsen entered his decision last Wednesday after a Dec. 9 trial; Attorney General Jay Nixon filed a lawsuit against the company in early 1999.

Cape Chemical Co., and its owner, Elizabeth Knote, were ordered to pay a $38,000 civil penalty to the state and $9,041 to reimburse the Department of Natural Resources for its costs in responding to the June 1996 release of dinoseb from a company storage shed. Cape Chemical, which specializes in the manufacture of rat bait, does business as Cape Kil and also the National Institute of Pest Management and is located at 33 N. Frederick St.

Dinoseb, which is a toxic, cancer-causing insecticide, leaked through a rusted storage container in an old shed and traveled several feet to a stormwater drain that empties into the Mississippi River. An emergency response team from the DNR was able to recover the dinoseb before it reached the river. Cape Chemical paid $35,000 in 1996 to clean up the dinoseb release.

"Because of the toxic nature of the chemicals that were stored in a sloppy manner by Cape Chemical, we are fortunate that this dinoseb release was not worse," Nixon said. "This penalty should send a message to other companies that store hazardous wastes that violations of the law will be dealt with appropriately."

Cape Chemical Co. also was ordered by the court to come into compliance with the state's hazardous waste management law in connection with the handling and storage of hazardous waste at its facilities. Inspections by the DNR subsequent to the 1996 release have found numerous violations.

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