EPA v. Paul Romano et al.

Case summary

EPA requests DOJ file an action for the recovery of its removal action pursuant to Section 107 of CERCLA, against the former operators of the Site, and in rem action against the Site property. EPA seeks to recover its past costs and any future costs associated with the removal action at the Site. Since G-I Holdings is currently in bankruptcy, EPA will be naming G-Holdings as a defendant in the context of the BNK action. All of the parties arranged for the disposal or treatment of hazardous substances at the Site and, accordingly, are liable for response costs incurred by EPA pursuant to Section 107(a)(3) of CERCLA. First settlement: This consent decree requires the Settling Defendants to reimburse EPA for costs incurred in connection with a removal action at the Site. Under the terms of the consent decree, the United States grants the Settling Defendants a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Second settlement: This consent decree settles the United States' CERCLA Section 107 cost recovery action against the Settling Defendant. The consent decree requires the Settling Defendant to reimburse the EPA for costs incurred in connection with a removal action at the Site. Under the terms of the consent decree, the United States grants the Settling Defendant a covenant not to sue for past and future costs under Section 107(a) of CERCLA. Third Settlement: This judicial settlement resolves EPA's claims under Section 107 of CERCLA, for EPA's costs of conducting a removal action at the Pioneer Smelting Site. This is an ability-to-pay settlement, which resolves the past and future liability of PMR. Fourth Settlement: DOJ, on behalf of EPA, filed an action to recover EPA's costs pursuant to Section 107 of CERCLA, against the former operators of the Site.

Defendants (12)

• Paul RomanoNamed in complaintNamed in settlement
• Frank RomanoNamed in complaintNamed in settlement
• G-I Holdings Inc.
• E.I. du Pont de Nemours & CompanyNamed in settlement
• Precious Metals Recycling Inc.Named in settlement
• KB Alloys, LLCNamed in settlement
• Cabot CorporationNamed in settlement
• Littlestown Foundry Inc.Named in settlement
• Pioneer Smelting CompanyNamed in complaint
• Shieldalloy Metallurgical CorporationNamed in settlement
• Omega Wire, Inc.Named in settlement
• International Wire Group Inc.Named in settlement

Facilities (1)

• PIONEER SMELTING CO

  RAILROAD AVE, CHATSWORTH, NJ, 08019

  Registry ID: 110028936016

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• Cabot Corporation et al.entered 2010-01-15

  Primary law: CERCLA

• Precious Metals Recycling, Inc.entered 2010-07-12

  Primary law: CERCLA

• Paul Romano et al.entered 2010-07-12

  Primary law: CERCLA

• Littlestown Foundry, Inc.entered 2010-02-05

  Primary law: CERCLA

Timeline (8 milestones)

• 2008-01-11Referred To Dept Of Justice
• 2008-01-17Complaint Filed With Court
• 2008-02-28Enforcement Action Data Entered
• 2008-04-24Amended Complaint
• 2008-04-29Supplemental Referral-Adding parties, counts
• 2010-06-02Final Order Lodged
• 2010-07-12Concluded
• 2010-07-12Final Order Entered