EPA v. LITTON SYSTEMS, INC.

Case summary

THIS REFERRAL PROPOSES THE FILING OF A COST RECOVERY ACTION PURSUANT TO SECTION 107 OF CERCLA, 42 U.S.C. S 9607, AGAINST FOUR POTENTIALLY RESPONSIBLE PARTIES (PRPS) FOR PAST COSTS INCURRED BY EPA IN CONNECTION WITH PERFORMANCE OF 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 SEWER LINE, A PRP SEARCH AND REMEDIAL DESIGN/REMEDIAL ACTION NEGOTIATIONS; AND FOR FUTURE OVERSIGHT COST TO BE INCURRED IN CONNECTION WITH REMEDIAL DESIGN AND REMEDIAL ACTION TO BE PERFORMED AT THE LAUREL PARK, INC. SUPERFUND SITE IN NAUGATUCK, CONNECTICUT (THE SITE). THIS ACTION SEEKS APPROXIMATELY $700,000 PLUS INTEREST IN PAST COSTS, AS WELL AS A DECLARATION OF THE DEFENDANTS' LIABILITY FOR APPROXIMATELY $200,000 IN FUTURE REMEDIAL ACTION OVERSIGHT COSTS AT THE SITE. IF THIS ACTION IS NOT FILED BY MAY 11, 1991, THE UNITED STATES RUNS THE RISK OF BEING BARRED FROM THE PORTION OF THESE COSTS INCURRED IN CONNECTION WITH PA/SI AND RI/FS BY THE STATUTE OF LIMITATIONS. THE FOUR (4) DEFENDANTS IN THIS ACTION ARE NON-SETTLERS IN THE RECENT REMEDIAL DESIGN/REMEDIAL ACTION NEGOTIATIONS THAT TERMINATED IN THE LAURAL PARK CONSENT DECREE. ALL FOUR ARE GENERATORS OF HAZARDOUS SUBSTANCES WHICH WERE TRANSPORTED TO THE SITE BY MURTHA TRUCKING. GERALD METALS, INC. ARRANGED FOR MURTHA TO DISPOSE OF HAZARDOUS SUBSTANCES AT THE SITE INCLUDING BUT NOT LIMITED TO COPPER. EASTERN COMPANY ARRANGED FOR MURTHA TO DISPOSE OF HAZARDOUS SUBSTANCES AT THE SITE, INCLUDING BUT NOT LIMITED TO PICKLING AND FINISHING WASTES (PHENOLS AND METALS). LITTON SYSTEMS, INC. (DIVISION WINCHESTER ELECTRONICS) ARRANGED FOR MURTHA TO DISPOSE OF HAZARDOUS SUBSTANCES AT THE SITE, INCLUDING BUT NOT LIMITED TO METAL HYRDROXIDE SLUDGE CONTAINING COPPER AND NICKEL. ATLANTIC RICHFIELD COMPANY (AS ANACONDA METAL HOSE) ARRANGED FOR MURTHA TO DISPOSE OF HAZARDOUS SUBSTANCES AT THE SITE, INCLUDING BUT NOT LIMITED TO BAG HOUSE DUST WITH ZINC OXIDE AND METALS.

Defendants (4)

• ATLANTIC RICHFIELD COMPANY (ARCO)Named in complaintNamed in settlement
• EASTERN COMPANYNamed in complaint
• GERALD METALS, INC.Named in complaint
• LITTON SYSTEMS, INC.Named in complaintNamed in settlement

Facilities (1)

• LAUREL PARK, INC.

  HUNTERS MTN RD, NAUGATUCK, CT, 06770

  Registry ID: 110009272349

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• LAUREL PARK - ARCOentered 1997-09-15

  Primary law: CERCLA

• LITTON SYSTEMS INCentered 1997-09-15

  Primary law: CERCLA

Timeline (6 milestones)

• 1988-05-19Enforcement Action Data Entered
• 1991-03-28Referred To Dept Of Justice
• 1991-05-10Complaint Filed With Court
• 1997-07-30Final Order Lodged
• 1997-09-15Final Order Entered
• 1997-09-15Concluded