EPA v. LONZA INC

Case summary

EPA REFERRED A SIGNED CONSENT DECREE TO THE DEPARTMENT OF JUSTICE ON JULY 25, 1995, FOR THE FIRST OPERABLE UNIT AT THE PETERSON/PURITAN, INC. SUPERFUND SITE IN THE TOWNS OF LINCOLN AND CUMBERLAND, RHODE ISLAND. AS A RESULT OF DOJ'S PARALLEL APPROVAL PROCESS OF THE SETTLEMENT, THE UNITED STATES WAS ABLE TO LODGE THE CONSENT DECREE TWO DAYS LATER ON JULY 27, 1995. THE SETTLEMENT EMBODIED IN THE CONSENT DECREE PROVIDES THAT FIVE SETTLING PARTIES, CCL CUSTOM MANUFACTURING, INC., CPC INTERNATIONAL, INC., PACIFIC ANCHOR CHEMICAL COMPANY, LONZA INC., AND SUPERVALU OPERATIONS, INC. (THE SETTLING DEFENDANTS'), WILL PERFORM EPA'S SELECTED REMEDY FOR OU1 AND WILL REIMBURSE THE UNITED STATES FOR $1,090,615.56 IN PAST COSTS AND AN ESTIMATED $1.5 MILLION IN FUTURE OVERSIGHT COSTS RELATING TO OU 1. THE TOTAL VALUE OF THE SETTLEMENT, INCLUDING WORK AND COST REIMBURSEMENT, IS APPROXIMATELY $10 MILLION. THE SETTLEMENT REPRESENTS AN APPROXIMATELY 98% RECOVERY IN RESPONSE COSTS ASSOCIATED WITH OU 1. ONE NOVEL ASPECT OF THE SETTLEMENT IS THAT THE SETTLING DEFENDANTS HAVE BEEN DIVIDED INTO TWO REMEDIAL AREA GROUPS BASED ON THEIR RESPONSIBILITY FOR TWO DISTINCT AND DIVISIBLE PLUMES OF CONTAMINATION. EACH REMEDIATION AREA GROUP WILL PERFORM THE WORK ASSOCIATED WITH THE CONTAMINATON EMANATING FROM THEIR RESPECTIVE FACILITY AREAS. A GROUNDWATER MONITOR- ING PROGRAM WILL BE JOINTLY CONDUCTED BY THE TWO GROUPS OF SETTLING DEFENDANTS THROUGHOUT THE COURSE OF THE OU 1 CLEANUP TO ENSURE ITS EFFECTIVENESS.

Defendants (5)

• CCL CUSTOM MANUFACTURING INCNamed in complaintNamed in settlement
• CPC INTERNATIONAL INCNamed in complaintNamed in settlement
• LONZA INCNamed in complaintNamed in settlement
• PACIFIC ANCHOR CHEMICAL CORPNamed in complaintNamed in settlement
• SUPERVALU OPERATIONS INCNamed in complaintNamed in settlement

Facilities (3)

• CCL CUSTOM MANUFACTURING INCORPORATED

  35 MARTIN ST., CUMBERLAND, RI, 028645361

  Registry ID: 110043555630

• SUPERVALU INC

  1 NOYES ST, EAST PROVIDENCE, RI, 02914

  Registry ID: 110004897078

• PACIFIC ANCHOR CHEMICAL

  1224 MENDON ROAD, CUMBERLAND, RI, 02864

  Registry ID: 110042010203

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LONZA INCentered 1995-12-18

  Primary law: CERCLA

Timeline (6 milestones)

• 1995-06-24Enforcement Action Data Entered
• 1995-07-25Referred To Dept Of Justice
• 1995-10-27Complaint Filed With Court
• 1995-12-18Final Order Lodged
• 1995-12-18Final Order Entered
• 1995-12-18Concluded