EPA v. OLIN CHEMICAL

Case summary

On September 28, 2023, the U.S. District Court for the District of Massachusetts entered a Consent Decree for the performance of remedial design/remedial action activities and recovery of past and future response costs incurred by the government for the Olin Chemical Superfund Site (Site).  The settlement resolves the claims of EPA and the Massachusetts Department of Environmental Protection for the performance of the remedy selected by the Record of Decision issued on March 30, 2021 (ROD) - a final action to address all current and potential future risks caused by contaminated soil, sediments, and surface water, including light non-aqueous phase liquid and the subsurface-to-indoor air vapor intrusion pathway, and an interim action for groundwater.  The groundwater interim remedy calls for the construction and operation of extraction and treatment systems to remove dense aqueous phase liquid (DAPL) and highly contaminated groundwater to reduce the mass and further migration of contaminants in groundwater.  Under the Consent Decree, four Settling Defendants - American Biltrite Inc., NOR-AM Agro LLC, Olin Corporation, and Stepan Company - will perform the $48.2 million remedy set forth in the ROD, including institutional controls and long-term monitoring. On April 11, 2023, EPA referred a Consent Decree to the U.S. Department of Justice (DOJ) requesting that DOJ lodge the Decree for the performance of remedial design/remedial action activities and recovery of past and future response costs incurred by the government for the Olin Chemical Superfund Site (the Site). The settlement resolves the claims of EPA and the Massachusetts Department of Environmental Protection for the performance of the remedy selected by the Record of Decision issued on March 30, 2021 (ROD) - a final action to address all current and potential future risks caused by contaminated soil, sediments, and surface water, including light non-aqueous phase liquid and the subsurface-to-indoor air vapor intrusion pathway, and an interim action for groundwater. The groundwater interim remedy calls for the construction and operation of extraction and treatment systems to remove dense aqueous phase liquid (DAPL) and highly contaminated groundwater to reduce the mass and further migration of contaminants in groundwater. Under the proposed Consent Decree, four Settling Defendants will perform the $48.2 million remedy set forth in the ROD, including institutional controls and long-term monitoring.

Defendants (4)

• Olin CorporationNamed in complaintNamed in settlement
• Stepan CompanyNamed in complaintNamed in settlement
• NOR-AM Agro LLCNamed in complaintNamed in settlement
• American Biltrite Inc.Named in complaintNamed in settlement

Facilities (2)

• OLIN CHEMICAL SITE

  51 EAMES ST, WILMINGTON, MA, 01887

  Registry ID: 110000759796

• OLIN CHEMICAL SITE

  51 EAMES ST, WILMINGTON, MA, 01887

  Registry ID: 110000759796

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OLIN CHEMICALentered 2023-09-28

  Primary law: CERCLA

Timeline (5 milestones)

• 2023-04-11Referred To Dept Of Justice
• 2023-05-11Complaint Filed With Court
• 2023-05-11Final Order Lodged
• 2023-05-12Enforcement Action Data Entered
• 2023-09-28Final Order Entered