EPA v. ALCO SCRAP CO ET AL

Case summary

THE NL DE MINIMIS SETTLEMENT CONSENT DECREE REFERRED TO DOJ ON SEPTEMBER 30, 1999, FOLLOWS THE CONSENT DECREE SIGNED BY THE MAJOR PRPS AND IS THEREFORE PART OF A GLOBAL SETTLEMENT AT THE NL INDUSTRIES INC., SITE. UNDER THIS DE MINIMIS CONSENT DECREE, FIFTY-NINE (59) PARTIES HAVE AGREED TO PAY THEIR ALLOCATED SETTLEMENT AMOUNTS CALCULATED ACCORDING TO THEIR RESPECTIVE VOLUMETRIC CONTRIBUTIONS TO THE NL SITE IN RETURN FOR FULL RELEASES AT THE NL SITE. WILL BE PAID INTO THE NL INDUSTRIES, INC., SUPERFUND SITE DE MINIMIS SPECIAL ACCOUNT WITHIN THE EPA HAZARDOUS SUBSTANCE SUPERFUND TO BE RETAINED AND USED TO CONDUCT OR FINANCE THE RESPONSE ACTION CURRENTLY BEING UNDERTAKEN BY THE MAJOR PRPS AT THE NL SITE. EACH DE MINIMIS SETTLING PRP WILL RECEIVE A COVENANT NOT TO SUE AND CONTRIBUTION PROTECTION FROM EPA UNDER SECTIONS 106 AND 107 OF CERCLA, 42 U.S.C. SECTION 9607 WITH NO REOPENER FOR EITHER. PARTIES WHOSE VOLUMETRIC CONTRIBUTIONS WERE WITHIN THE DE MINIMIS ELIGIBILITY LEVELS OF BETWEEN .002% AND 2.0% OF THE TOTAL VOLUME OF WASTE SENT TO THE SITE WERE OFFERED THIS DE MINIMIS SETTLEMENT OPPORTUNITY. THE ALLOCATED AMOUNT FOR EACH DE MINIMIS PARTY IS THE SUM OF A BASIC AND A PREMIUM PAYMENT OF 30% OF A DE MINIMIS PARTY'S SHARE OF ESTIMATED FUTURE SITE COSTS. AN ADDITIONAL PREMIUM OF 30% WAS ADDED TO THE SETTLEMENT AMOUNT OF ONE DE MINIMIS PARTY WHO FAILED TO COMPLY W/ THE 1992 UAO. SEVERAL PARTIES WHO DEMONSTRATED THEIR PARTICIPATION TOWARDS RESPONSE ACTIVITIES PRIOR TO THE ENTRY OF THIS CD WERE CREDITED FOR AMOUNTS PREVIOUSLY PAID. AFTER LODGING, AND A (30) DAY PUBLIC COMMENT PERIOD THIS DE MINIMIS CD WILL BECOME EFFECTIVE WHEN ENTERED BY THE CT.

Defendants (73)

• BELMONT METALS INCNamed in complaintNamed in settlement
• GENERAL MOTORS CORPNamed in complaintNamed in settlement
• METAL BANK
• MID CITY SCRAPNamed in settlement
• NASSAU RECYCLING (LUCENT)
• NASSAU SMELTING (LUCENT)
• PEANUT CITY IRON & METALNamed in settlement
• PENN HARRIS METALSNamed in settlement
• RALEIGH JUNK CONamed in settlement
• RESOURCES ALLOYS & METALSNamed in settlement
• S.D. RICHMAN & SONS
• SILVERS INC
• SOLA METAL CO
• SUPERIOR COMPANIESNamed in settlement
• SUSSMAN BROTHERS
• TONOLLI CANADANamed in settlement
• UNITED STEEL & METALNamed in settlement
• V&V RECYCLING
• WALKER METALLURGICAL CORP
• WILLOUGHBY IRON & WASTENamed in settlement
• Atlantic Battery Corp. (aka Power Battery Co. Inc.Named in settlement
• Grant Manufacturing & Alloying Inc.Named in settlement
• H. Bixon and Sons Inc.Named in settlement
• Liberty Scrap Metal Co.Named in settlement
• MaX Weinstein & Sons Inc.Named in settlement
• …and 48 more

Facilities (1)

• NATIONAL SMELTING OF NEW JERSEY INCORPORATED

  PENNS GROVE & PEDRICKTOWN RD, PEDRICKTOWN, NJ, 08067

  Registry ID: 110064214817

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (2)

• Acme Alloys, et al.entered 2002-08-19

  Primary law: CERCLA

• Allied Waste Products, Inc, et al.entered 2002-08-22

  Primary law: CERCLA

Timeline (7 milestones)

• 1999-09-30Referred To Dept Of Justice
• 1999-11-04Enforcement Action Data Entered
• 2000-07-18Complaint Filed With Court
• 2000-07-18Final Order Lodged
• 2002-08-22Concluded
• 2002-08-22Final Order Entered
• 2005-08-12Enforcement Action Closed