EPA v. ALCAN ALUMINUM ET AL

Case summary

DEFENDANTS CONSIST OF APPROXIMATELY 35 POTENTIALLY RESPONSIBLE PARTIES (PRPS) WHO WERE GENERATORS AND/OR TRANSPORTERS WITH REGARD TO THE SITE. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: ARRANGEMENT FOR DISPOSAL, TREATMENT, AND TRANSPORTATION OF HAZARDOUS SUBSTANCES. RECOVERY OF $50,000 IN FEDERAL COSTS INCURRED FOR OVERSIGHT OF THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS); RECOVERY OF APPROXIMATELY $26,000 IN STATE RESPONSE COSTS; AND CONDUCT OF REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) AT THE SITE IN ACCORDANCE WITH THE RECORD OF DECISION (ROD) OF SEPTEMBER 28, 1987. THE CONSENT DECREE INCLUDES A SPECIAL COVENANT NOT TO SUE UNDER SECTION 122(F)(2) OF CERCLA FOR THE BIOREMEDIATION PORTION OF THE REMEDY. BECAUSE OF THE POSSIBLE PRECEDENTIAL NATURE OF THE SPECIAL COVENANT, THE QUESTION OF WHETHER OR NOT TO GRANT IT WAS PRESENTED BY THE REGION TO THE SETTLEMENT DECISION COMMITTEE (SDC) AT ITS OCTOBER 15, 1987 SESSION. THE SDC GAVE ITS CONCEPTUAL APPROVAL OF THE PROPOSED SETTLEMENT ON THAT DATE, AND THAT APPROVAL WAS FOLLOWED BY WRITTEN CONFIRMATION IN A MEMORANDUM FROM THE ASSISTANT ADMINISTRATORS OF OECM AND OSWER DATED 3/17/88. SHOULD THIS SETTLEMENT NOT BE ACHIEVED, EPA WOULD HAVE SEVERAL OPTIONS: (1) TO CONDUCT THE REMEDIAL ACTION ITSELF AND SEEK LATER COST RECOVERY; (2) TO SEEK INJUNCTIVE RELIEF UNDER SECTION 106 OF CERCLA AND/OR RECOVERY OF PAST COSTS THROUGH AN IMMEDIATE JUDICIAL ACTION; (3) TO ISSUE A UNILATERAL ORDER UNDER SECTION 106 FOLLOWED BY A JUDICIAL ACTION FOR INJUNCTIVE RELIEF AND/OR PENALTIES IN THE EVENT OF NONCOMPLIANCE BY ONE OR MORE PARTIES WITH EPA'S ORDER. ANY ONE OF THE ABOVE, WITH THE POTENTIAL FOR PROTRACTED MULTI-PARTY LITIGATION, WOULD INVOLVE A SUBTANTIAL RISK THAT SUCH A COURSE OF ACTION WOULD BE RESOURCE-INTENSIVE AND TIME-CONSUMING FOR THE GOVERNMENT, AND MIGHT DELAY THE REMEDIAL ACTION CONSIDERABLY.

Defendants (38)

• WESTINGHOUSE ELECTRIC CORPNamed in complaintNamed in settlement
• CALGON CORPORATIONNamed in complaintNamed in settlement
• CLEAN VENTURE, INC.Named in complaintNamed in settlement
• GENERAL MOTORS CORPNamed in complaintNamed in settlement
• POLYPRINT PACKAGING CORPNamed in complaintNamed in settlement
• ALCAN ALUMINUM CORPORATIONNamed in complaintNamed in settlement
• AMERICAN CYANAMID COMPANYNamed in complaintNamed in settlement
• AMERICAN NATIONAL CAN COMPANYNamed in complaintNamed in settlement
• ARVEY CORPORATIONNamed in complaintNamed in settlement
• BOYLE-MIDWAY HOUSEHOLD PRODUCTS, INCNamed in complaintNamed in settlement
• CAN MANUFACTURING COMPANYNamed in complaintNamed in settlement
• CHEVRON U.S.A. FOR MILLMASTER ONYXNamed in complaintNamed in settlement
• CHEVRON U.S.A. INC.Named in complaintNamed in settlement
• CONTINENTAL CAN COMPANY, USA, INC.Named in complaintNamed in settlement
• DAY INTERNATIONAL CORP FOR DAYCO CORPNamed in complaintNamed in settlement
• DEL MONTE CORPNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS AND COMPANYNamed in complaintNamed in settlement
• PUBLIC SERVICE ELECTRIC AND GAS COMPANYNamed in complaintNamed in settlement
• E.R. SQUIBB & SONS INCNamed in complaintNamed in settlement
• ELCO SOLVENTS CORPNamed in complaintNamed in settlement
• ELIZABETHTOWN GAS CONamed in complaintNamed in settlement
• FEDDERS CORPNamed in complaintNamed in settlement
• JERSEY STATE POWER EQUIPMENT CORPNamed in complaintNamed in settlement
• NEW JERSEY TRANSIT BUS OPERATIONS, INCNamed in complaintNamed in settlement
• OAKITE PRODUCTS, INCNamed in complaintNamed in settlement
• …and 13 more

Facilities (1)

• RENORA INCORPORATED

  83 SOUTH MAIN STREET, EDISON, NJ, 08837

  Registry ID: 110004162307

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ALCAN ALUMINUM ET ALentered 1989-03-21

  Primary law: CERCLA

Timeline (7 milestones)

• 1987-10-01Enforcement Action Data Entered
• 1988-08-23Referred To Dept Of Justice
• 1988-10-26Complaint Filed With Court
• 1989-03-21Final Order Lodged
• 1989-03-21Final Order Entered
• 1989-03-21Concluded
• 2001-09-30Enforcement Action Closed