EPA v. CHLOR-ALKALI FACILITY (FORMER) SUPERFUND SITE

Case summary

On April 16, 2015, Region 1 signed an Administrative Settlement Agreement and Order on Consent (AOC) with Fort James LLC and Georgia-Pacific Consumer Products LP (Respondents) to conduct a Supplemental Remedial Investigation and Feasibility Study (SRI/FS) at the Chlor-Alkali Facility (Former) Superfund Site, located in Berlin, New Hampshire (Site). Fort James LLC and Georgia-Pacific Consumer Products LP are successors, respectively to Brown Company and James River Paper Company, Inc., which in turn were both former owners and operators at the Site. The main part of the Site is a 4.6-acre landfill that contains debris and remnants of a former chlor-alkali facility/chemical plant that was operated at the Site by the Brown Company through much of the 20th century. In 1999, elemental, liquid mercury was discovered to be discharging into the Androscoggin River and preliminary investigation activities undertaken in 2004 revealed the presence hazardous substances in soils, groundwater, and sediments at the Site including, mercury, asbestos, polychlorinated dibenzodioxins, polychlorinated dibenzofurans, and polychlorinated biphenyls. The Site was listed on EPA?s National Priorities List on September 14, 2005. Region 1 began a RI/FS in 2009, and finalized a RI Report in March 2014. The remaining SRI/FS work will be accomplished under the AOC, which specifically also requires this year that the Respondents excavate and address a majority of the source material at the Site that results in ongoing discharges of mercury and other hazardous substances to the River.

Defendants (2)

• FORT JAMS LLCNamed in settlement
• GEORGIA-PACIFIC CONSUMER PRODUCTS LPNamed in settlement

Facilities (1)

• CHLOR-ALKALI FACILITY (FORMER)

  ADJACENT TO SAW MILL DAM, BERLIN, NH, 03570

  Registry ID: 110020583439

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• CHLOR-ALKALI FACILITY (FORMER) SUPERFUND SITEentered 2015-04-16

  Primary law: CERCLA

Timeline (2 milestones)

• 2015-04-16Final Order Issued
• 2015-04-21Enforcement Action Data Entered