EPA v. Solutia Inc. (National Case)

Case summary

1) Solutia has filed for bankruptcy and there are three sites at which Solutia, or its corporate predecessor Monsanto Company, may be liable for costs or may share in cleanup obligations. The first two sites (Bayonne Barrel and Drum Superfund Site and Diamond Alkali Superfund Site -- Lower Passaic River Study Area) are CERCLA sites, and the third site is a RCRA corrective action site (Solutia Delaware River Plant). 2) EPA seeks to file a proof of claim in Solutia's bankruptcy proceeding to protect its potential claims against Solutia at these three sites. The violation type shown above (closure and post-closure requirements) is related to the RCRA claims. EPA Region 2 included claims for two CERCLA sites, and one RCRA site, in a referral to HQ to be added to a national referral from HQ to DOJ. 2) DOJ filed a proof of claim for EPA that included claims for multiple regions, including, for Region 2, the two CERCLA sites (Bayonne Barrel and Drum Superfund Site and Diamond Alkali Superfund Site -- Lower Passaic River Study Area) and a protective contingent claim for the RCRA corrective action site (Solutia Delaware River Plant). 3) Solutia entered into a settlement agreement with Monsanto Company, which is not one of the debtors in the bankruptcy, whereby Monsanto affirmed its responsibility for the CERCLA sites, instead of Solutia, and Solutia affirmed its continuing responsibility for the RCRA site. The US was not a party to this settlement agreement. The bankruptcy court approved the settlement agreement and approved Solutia's Plan of Reorganization which refers to the Settlement. Pursuant to the bankruptcy court order, and the Plan, EPA's claims against Solutia with respect to the CERCLA sites(Bayonne Barrel & Drum and Diamond Alkali) are discharged, and any claim that EPA might have with respect to the RCRA site (Delaware River Plant) survives the bankruptcy.

Defendants (1)

• Solutia Inc.Named in complaintNamed in settlement

Facilities (6)

• SOLUTIA INCORPORATED DELAWARE RIVER PLANT

  ROUTE 130 SOUTH, BRIDGEPORT, NJ, 080140000

  Registry ID: 110000582003

• BOYONNE BARREL & DRUM

  150 RAYMOND BOULEVARD, NEWARK, NJ, 07105

  Registry ID: 110071100237

• SOLUTIA INCORPORATED DELAWARE RIVER PLANT

  ROUTE 130 SOUTH, BRIDGEPORT, NJ, 080140000

  Registry ID: 110000582003

• DIAMOND ALKALI CO.

  80 LISTER AVE, NEWARK, NJ, 07105

  Registry ID: 110009324409

• SOLUTIA INCORPORATED DELAWARE RIVER PLANT

  ROUTE 130 SOUTH, BRIDGEPORT, NJ, 080140000

  Registry ID: 110000582003

• SOLUTIA INCORPORATED DELAWARE RIVER PLANT

  ROUTE 130 SOUTH, BRIDGEPORT, NJ, 080140000

  Registry ID: 110000582003

Statutes cited

• RCRA 3004VU — TSD Corrective Action
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Solutia Inc. (National Case)entered 2007-11-29

  Primary law: CERCLA

Timeline (7 milestones)

• 2004-04-27Referred To Headquarters
• 2004-05-04Enforcement Action Data Entered
• 2004-09-29Referred To Dept Of Justice
• 2004-11-30Complaint Filed With Court
• 2007-10-19Final Order Lodged
• 2007-11-29Final Order Entered
• 2007-11-29Enforcement Action Closed