EPA v. UNIROYAL CHEMICAL COMPANY, INC.

Case summary

THIS REFERRAL ACCOMPANIES A CONSENT DECREE ( THE LAURAL PARK CONSENT DECREE ) ADDRESSING SECTIONS 106(A) AND 107(A) OF CERCLA AND SECTION 7003 OF RCRA, WHICH WAS SIGNED BY EIGHTEEN POTENTIALLY RESPONSIBLE PARTIES (PRPS) IN MARCH 1991. THE PRPS AGREE TO PERFORM THE REMEDIAL ACTION AT THE LAUREL PARK, INC. SUPERFUND SITE (THE SITE) IN NAUGATUCK, CONNECTICUT, AS WELL AS TO PAY $500,000 TOWARD PAST COSTS AND ALL BUT THE INITIAL $200,000 IN FUTURE OVERSIGHT COSTS. EPA ESTIMATES THAT THE VALUE OF THE REMEDIAL ACTION AND OPERATION AND MAINTENANCE PORTION OF THE SETTLEMENT IS $19.8 MILLION. MOREOVER, WHEN THIS IS ADDED TO THE PAST COSTS ALREADY RECOVERED IN THE PROPOSED SETTLEMENT WITH THE MURTHA ENTITIES EPA WILL HAVE RECOVERED $23.3 MILLION OF THE $24.2 MILLION IN COSTS, NOT INCLUDING INTEREST. PAST COSTS WERE INCURRED BY EPA IN CONNECTION WITH PRELIMINARY ASSESSMENT/SITE INVESTIGATION (PA/SI); OVERSIGHT OF PERFORMANCE OF A REMEDIAL INVESTIGATION/ FEASIBILITY STUDY; OVERSIGHT OF CONSTRUCTION OF A FENCE, A WATER LINE AND A SEWER LINE; AND A PRP SEARCH AND REMEDIAL DESIGN/REMEDIAL ACTION NEGOTIATIONS. THE SITE IS A 35 ACRE LANDFILL LOCATED IN THE BOROUGH OF NAUGATUCK ON THE NORTH AND WEST SLOPES OF HUNTINGTON HILL, APPROXIMATELY ONE MILE WEST OF CONNECTICUT ROUTE 8, AND NORTH OF AND ADJACENT TO HUNTERS MOUNTAIN ROAD. THE SITE HAS BEEN USED FOR WASTE DISPOSAL ACTIVITIES SINCE THE LATE 1940'S. IN MAY, 1985, UNIROYAL, INC., PREDECESSOR TO UNIROYAL CHEMICAL COMPANY, INC., ENTERED IN TO AN ADMINISTRATIVE CONSENT ORDER WITH EPA TO CONDUCT THE RI/FS AT THE SITE. THE RI AND FS WERE COMPLETED AND RELEASED TO THE PUBLIC IN 1987 AND 1988 RESPECTIVELY. ON JUNE 30, 1988, THE REGIONAL ADMINISTRATOR ISSUED A RECORD OF DECISION (ROD), WHICH INCLUDES A CAP AND LEACHATE COLLECTION SYSTEM.

Defendants (19)

• CADBURY BEVERAGES, INC.Named in complaintNamed in settlement
• COLT/LEWISNamed in complaintNamed in settlement
• EMHART INDUSTRIES, INC. (FARREL COMPANY)Named in complaintNamed in settlement
• ENVIRONMENTAL WASTE RESOURCES, INC.(EWR)Named in complaintNamed in settlement
• EYELEMATIC MANUFACTURING CO., INC.Named in complaintNamed in settlement
• ITW WATERBURY BUCKLE COMPANYNamed in complaintNamed in settlement
• KEELER & LONGNamed in complaintNamed in settlement
• KERITE COMPANYNamed in complaintNamed in settlement
• MINISTAR / AMF INC. / ALCORT DIVISIONNamed in complaintNamed in settlement
• NAUGATUCK GLASS CO.Named in complaintNamed in settlement
• NAUGATUCK TREATMENTNamed in complaintNamed in settlement
• PETRO-PETROLEUM HEAT & POWER CO., INC.Named in complaintNamed in settlement
• RISDON CORPORATIONNamed in complaintNamed in settlement
• STANDARD OIL / CHASE BRASSNamed in complaintNamed in settlement
• TEXTRON / WATERBURY FARRELNamed in complaintNamed in settlement
• THINSHEET METALS COMPANYNamed in complaintNamed in settlement
• TREADWELL CORPORATIONNamed in complaintNamed in settlement
• UNIROYAL CHEMICAL COMPANY, INC.Named in complaintNamed in settlement
• UNISYS (SPERRY RAND)Named in complaintNamed in settlement

Facilities (1)

• LAUREL PARK, INC.

  HUNTERS MTN RD, NAUGATUCK, CT, 06770

  Registry ID: 110009272349

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• UNIROYAL CHEMICAL CO.entered 1992-08-13

  Primary law: CERCLA

Timeline (6 milestones)

• 1991-01-15Enforcement Action Data Entered
• 1991-03-29Referred To Dept Of Justice
• 1991-05-10Complaint Filed With Court
• 1992-08-13Final Order Lodged
• 1992-08-13Final Order Entered
• 1992-08-13Concluded