EPA v. CHLOR-ALKALI SUPERFUND SITE

Case summary

On November 9, 2022, a Consent Decree was entered where Fort James LLC, Georgia-Pacific Consumer Products LP (collectively, Georgia-Pacific), and North American Dismantling Corp. (NADC) settled with the United States (on behalf of EPA) to resolve their alleged civil liability under Section 107(a) of CERCLA, 42 U.S.C. S 9607(a), at the Chlor-Alkali Site. The Settling Defendants agree to perform the Remedial Design and Remedial Action at the Site ($5.1 million estimated cost), to payment of $7,609,400 in reimbursement of Past Response Costs incurred by the United States, and to pay all Future Response Costs incurred by EPA. Additionally, the settlement resolves the liability of Georgia-Pacific at the Site to the State of New Hampshire (State) under Section CERCLA and New Hampshire state law, and Georgia-Pacific also agrees to pay the State all of its State Future Response Costs. On September 22, 2022, Region 1 issued a request to the Department of Justice to lodge a Remedial Design/Remedial Action (RD/RA) Consent Decree (CD) concerning the Chlor-Alkali Facility (Former) Superfund Site (Site) in Berlin, New Hampshire. The State of New Hampshire is also a party to this settlement. Fort James LLC, Georgia-Pacific Consumer Products LP, and North American Dismantling Corp. are settling to resolve their alleged civil liability under Section 107(a) of CERCLA, 42 U.S.C. S 9607(a), at the Site. Under the proposed settlement, the Settling Defendants agree to perform the remedy selected for the Site in the Record of Decision (September 23, 2020). The estimated cost of the RD/RA and ongoing operation and maintenance is $5.1 million. Settling Defendants also agree to payment of $7,609,400 in reimbursement of Past Response Costs incurred by the United States, and to pay all Future Response Costs incurred by EPA.

Defendants (3)

• North American Dismantling Corp.Named in complaintNamed in settlement
• Georgia-Pacific Consumer Products LPNamed in complaintNamed in settlement
• Fort James LLCNamed in complaintNamed in settlement

Facilities (1)

• CHLOR-ALKALI FACILITY (FORMER)

  ADJACENT TO SAW MILL DAM, BERLIN, NH, 03570

  Registry ID: 110020583439

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CHLOR-ALKALI SUPERFUND SITEentered 2022-11-09

  Primary law: CERCLA

Timeline (5 milestones)

• 2022-09-22Referred To Dept Of Justice
• 2022-09-30Complaint Filed With Court
• 2022-09-30Final Order Lodged
• 2022-10-17Enforcement Action Data Entered
• 2022-11-09Final Order Entered