EPA v. Reynolds Metals Company Study Area

Case summary

EPA is requesting the approval, signature and filing of a judicial Consent Decree by the Department of Justice relating to the Reynolds Metals Study Area located in the Town of Massena, St. Lawrence County, New York (the ?Site?). The Consent Decree which provides for the Reynolds Metals Company (?Reynolds?) to reimburse the Hazardous Substance Superfund for approximately $1.5 million in response costs paid by EPA in connection with the Site. The Site is not on the National Priorities List. Under the Consent Decree, EPA is recovering 100% of response costs incurred from November 1993 through January 2002 in connection with the Site. Approximately $240,000 in interest which accrued on those costs through July 2002 is being compromised. Reynolds will, however, pay interest on the settlement amount from approximately August 2002 until the date of payment. On August 15, 2002, EPA issued a Demand Letter to Reynolds seeking reimbursement of $1,765,102.82, which consisted of $1,523,965.31 in response costs and $241,137.51 in interest on that amount that had accrued beginning on June 28, 1994 (the date of an earlier cost demand) until July 2002. Most of the response costs sought in the 2002 Demand were for EPA oversight of Reynolds? performance of work required by a September 28, 1989, Administrative Order (?1989 Order?) issued by EPA pursuant to Section 106(a) of CERCLA, 42 U.S.C. ? 9606(a). The 1989 Order requires Reynolds to investigate and remediate contaminated river sediments at the Site. That work is ongoing. Reynolds objected to paying the interest that had accrued on the costs beginning with the earlier 1994 demand, but stated it was prepared to reimburse EPA for the principal amount of the 2002 Demand. On consideration of the facts in this case, it is appropriate to forgo recovery of the interest for reasons including: 1) Reynolds paid 100% of the earlier 1994 cost demand; 2) EPA had not sent a cost demand to Reynolds in approximately eight years; and 3) Reynolds has been undertaking a very expensive cleanup at the Site (the EPA-selected remedy was valued at $ 63.2 million in 1998). On July 2,2003, EPA requested the filing of a judicial Consent Decree by the Department of Justice relating to the Site. The Consent Decree provides for Reynolds to reimburse the Hazardous Substances Superfund for approximately $1.5 million in response costs paid by EPA in connection with the Site. The Consent Decree was approved by DOJ and lodged with the Court on August 7, 2003. After the expiration of the public comment period, DOJ filed a Motion to Enter on September 11, 2003. The Consent Decree was then entered by the Court on September 23, 2003. Under the Consent Decree, EPA is recovering 100% of response costs incurred from November 1993 through January 2002 in connection with the Site. Approximately $240,000 in interest which accrued on those costs thourgh July 2002 is being compromised. Reynolds will, however, pay interest on the settlement amount from approximately August 2002 until the date of payment.

Defendants (1)

• Reynolds Metals CompanyNamed in complaintNamed in settlement

Facilities (1)

• REYNOLDS METAL CO LLC

  194 COUNTY RTE 45, MASSENA, NY, 13662

  Registry ID: 110060911964

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Reynolds Metals Companyentered 2003-09-23

  Primary law: CERCLA

Timeline (7 milestones)

• 2003-07-02Referred To Dept Of Justice
• 2003-07-14Enforcement Action Data Entered
• 2003-07-29Complaint Filed With Court
• 2003-08-07Final Order Lodged
• 2003-09-23Final Order Entered
• 2003-09-23Concluded
• 2003-10-24Enforcement Action Closed