EPA v. OWENS CORNING (PETERSON PURITAN)

Case summary

ON JULY 23, 2003, THE UNITED STATES' BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE APPROVED A SETTLEMENT AGREEMENT BETWEEN EPA AND OWENS CORNING. THIS AGREEMENT RESOLVES CLAIMS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT IN CONNECTION WITH THE PETERSON/PURITAN, INC SUPERFUND SITE IN CUMBERLAND AND LINCOLN, RHODE ISLAND. PURSUANT TO THE AGREEMENT, OWENS CORNING WILL REMOVE ITS WASTE IDENTIFIED AT BOTH OPERABLE UNIT 2 AND THE CANDIDATE OPERABLE UNIT 3 AREAS OF THE SITE. BASED ON TERMS OF THE AGREEMENT, OWENS CORNING WILL PAY FOR AND PERFORM TWO SEPARATE REMOVAL ACTIONS AT THE SITE. THIS AGREEMENT RESOLVES CLAIMS BY EPA WITH RESPECT TO WASTE DISPOSED OF BY OWENS CORNING. THE PETERSON/PURITAN INC SUPERFUND SITE CONSISTS OF TWO OPERABLE UNITS AND A POSSIBLE OPERABLE UNIT 3 AREA, TOTALING OVER TWO MILES OF MIXED INDUSTRIAL/RESIDENTIAL PROPERTY. THE SITE IS SITUATED ALONG THE BLACKSTONE RIVER AND INCLUDES A PORTION OF THE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR. EPA INCLUDED THE SITE ON THE SUPERFUND NATIONAL PRIORITIES LIST OF SEPTEMBER 8, 1983. THE FIRST AREA WHERE OWENS CORNING WILL REMOVE WASTE IS THE 34 ACRE UNNAMED ISLAND IN THE BLACKSTONE RIVER. THE UNNAMED ISLAND IS PART OF THE OPERABLE UNIT 2 OF THE SITE AND IS LOCATED APPROXIMATELY 1.5 MILES SOUTHEAST OF THE FORMER OWENS CORNING ASHTON PLANT. THE SECOND AREA WHERE OWENS CORNING WILL REMOVE WASTE IS PART OF THE CANDIDATE OPERALBE UNIT 3 AREA. OWENS CORNING'S WASTE IN THIS POTENTIAL OPERABLE UNIT IS LOCATED ON A 27 ACRE TRACT BETWEEN THE BLACKSTONE RIVER AND THE HISTORIC BLACKSTONE CANAL, DIRECTLY ACROSS THE RIVER FROM THE FORMER OWENS CORNING ASHTON PLANT.

Defendants (1)

• OWENS CORNINGNamed in complaintNamed in settlement

Facilities (1)

• PETERSON PURITAN SUPERFUND SITE

  31 MARTIN STREET, CUMBERLAND, RI, 02864

  Registry ID: 110071099838

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OWENS CORNING ET ALentered 2003-07-23

  Primary law: CERCLA

Timeline (6 milestones)

• 2001-07-13Referred To Dept Of Justice
• 2003-06-17Final Order Lodged
• 2003-06-17Complaint Filed With Court
• 2003-07-23Concluded
• 2003-07-23Final Order Entered
• 2003-08-19Enforcement Action Data Entered