EPA v. Pechiney Plastics Packaging, Inc. et al.

Case summary

The United States filed its initial cost recovery action under Section 107 of CERCLA against the Defendant in 2009 seeking recovery of EPA's past costs and injunctive relief. In 2013, the United States filed a second complaint against the additional Defendants asserting the same claims for relief under CERCLA and asserting an in rem under CERCLA Section 107(l) claim against the property currently owned by the Defendant, Albea Americas. Under the Consent Decree, the United States is to receive $25 million in past costs and will receive reimbursement for interim costs, including interest, as well as future work, including future oversight costs, valued at $62.5 million. The Primary Settling Defendant, will be implementing the Work for the three operable units and a removal action at the Site. The remaining Settling Defendants, known at the BMS Defendants or Secondary Settling Defendants, have agreed to joint and several liability only in the event that the United States Environmental Protection Agency (EPA) declares a work takeover from the Primary Settling Defendant. In that event, EPA will have the option to perform all or a portion of the remaining Work, or require the Secondary Settling Defendants perform the Work drawing upon a letter of credit provided by the Primary Settling Defendant. In addition, the Primary Settling Defendant will be paying a cash civil penalty of $281,899 for prior violations of a Unilateral Administrative Order combined with a Supplemental Environmental Project in lieu of penalties valued at $1,149,000, and a deferred penalty of $750,000 contingent on future compliance. The total value of this settlement is approximately $93 million.

Defendants (8)

• Property at 191 State Hwy. Rt. 31 NorthNamed in complaintNamed in settlement
• MRC Holdings, Inc.Named in complaintNamed in settlement
• Citigroup Inc.Named in complaintNamed in settlement
• Rexam Beverage Can CompanyNamed in complaintNamed in settlement
• Albea Americas, Inc.Named in complaintNamed in settlement
• Bristol-Myers Squibb CompanyNamed in complaintNamed in settlement
• Pechiney Plastics Packaging, Inc.Named in complaintNamed in settlement
• Myset Investment CompanyNamed in complaintNamed in settlement

Facilities (1)

• POHATCONG VALLEY GROUND WATER CONTAMINATION

  ROUTE 643 TO ROUTE 31, WARREN COUNTY, NJ, 07882

  Registry ID: 110009341685

Statutes cited

• CERCLA 107L — Lien
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Pechiney Plastics Packaging, Inc. et al.entered 2015-03-11

  Primary law: CERCLA

  Federal penalty: $281,899 · SEP: $1,149,000

Timeline (10 milestones)

• 2009-09-24Referred To Dept Of Justice
• 2009-10-01Enforcement Action Data Entered
• 2009-11-06Complaint Filed With Court
• 2012-03-29Supplemental Referral-Adding parties, counts
• 2012-08-15Supplemental Referral-Adding parties, counts
• 2012-11-16Supplemental Referral-Adding parties, counts
• 2013-09-27Amended Complaint
• 2015-01-13Final Order Lodged
• 2015-03-11Final Order Entered
• 2015-03-11Concluded