EPA v. Alcan Corporation

Case summary

Respondents are financing an EPA led RI/FS of the Lower Passaic River Study Area portion of the Diamond Alkali Superfund Site pursuant to a CERCLA 122(h) Agreement. Amendment No.1 - final 11/09/2005 - adding 12 PRPs and respondents agreed to provide contingent funding if EPA needs such additional funding to complete the RI/FS. Amendment No. 2 - final 08/27/2007 - By entering into this amendment to the Agreement, the settling parties are agreeing to provide up to $2,400,000 in contingent funding if EPA needs the money to complete the remaining aspects of the RI/FS for the Lower Passaic River. All settling parties (the existing ones and the 29 new ones) will be covered by the covenant not to sue and contribution protection.

Defendants (82)

• Andrew Jergens Co. (THE)Named in complaintNamed in settlement
• Sherwin Williams Co. (THE)Named in complaintNamed in settlement
• Three County VolkswagenNamed in complaintNamed in settlement
• Viacom Inc. nka CBS CorpNamed in complaintNamed in settlement
• Chevron Environmental Management CompanyNamed in settlement
• Elan Chemical CompanyNamed in settlement
• Givaudan Fragrances CorporationNamed in settlement
• Pharmacia Corporation f/k/a Monsanto CompanyNamed in settlement
• Purdue Pharma Technologies, Inc.Named in settlement
• Chemical Leaman Corp.Named in settlement
• Stanley Works (The)Named in settlement
• Hexcel CorporationNamed in settlement
• Leemilt's Petroleum, Inc.Named in settlement
• Vulcan Materials Co.Named in settlement
• American Ref-Fuel Company of Essex CountyNamed in settlement
• DiLorenzo Properties CompanyNamed in settlement
• NPEC, Inc.Named in complaintNamed in settlement
• Occidental Chemical CorporationNamed in complaintNamed in settlement
• Otis Elevator Co.Named in complaintNamed in settlement
• Pfizer Inc.Named in complaintNamed in settlement
• PPG Industries, Inc.Named in complaintNamed in settlement
• PSE&GNamed in complaintNamed in settlement
• Reichhold Chemicals, Inc. n/k/a Reichhold IncNamed in complaintNamed in settlement
• Reilly Industries, Inc nka Vertellus SpecialtiesNamed in complaintNamed in settlement
• RSR Corp. nka Revere Smeling and RefiningNamed in complaintNamed in settlement
• …and 57 more

Facilities (1)

• DIAMOND ALKALI CO.

  80 LISTER AVE, NEWARK, NJ, 07105

  Registry ID: 110009324409

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (3)

• Alcan Corporationentered 2007-08-27

  Primary law: CERCLA

• Alcan Corporationentered 2004-06-22

  Primary law: CERCLA

• Alcan Corporationentered 2005-11-09

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-03-31Complaint Filed/Proposed Order
• 2004-04-21Enforcement Action Data Entered
• 2005-11-09Amended Administrative Order
• 2007-08-27Enforcement Action Closed
• 2007-08-27Final Order Issued