EPA v. Brambles Environmental, Inc. et al.

Case summary

This settlement requires the settling respondents to perform the remedial design at the Site in accordance with a statement of work and to pay the first $200,000 of EPA's future response costs. In exchange, the Settling Respondents will receive, subject to limited reopeners, covenants not to sue under CERCLA Sections 106 and 107(a), 42 U.S.C. §§ 9606 and 9607(a), with regard to the work required by the Agreement and contribution protection to the extent allowable by law. EPA has reserved its rights to reimbursement of future response costs exceeding $200,000. Additionally, Settling Respondents agreed to waive all claims or causes of action that they may have for all matters relating to the work required by the Agreement, including for contribution, against, all parties that have entered into a final de minimis settlement with EPA. EPA expects to initiate consent decree negotiations for the remedial action and cost recovery after certain design studies have been completed. The Settling Respondents represent 7 of the 10 major parties at the Site.

Defendants (7)

• Brambles Environmental, Inc.Named in settlement
• Verizon, New York, Inc.Named in settlement
• Union Carbide CorporationNamed in settlement
• The Gillette CompanyNamed in settlement
• Spectrum Brands, Inc.Named in settlement
• National GridNamed in settlement
• Eveready Battery Company, Inc.Named in settlement

Facilities (2)

• MERCURY REFINING CO INC

  26 RAILROAD AVE, ALBANY, NY, 12205

  Registry ID: 110019401583

• MERCURY REFINING CO INC

  26 RAILROAD AVE, ALBANY, NY, 12205

  Registry ID: 110019401583

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Brambles Environmental, Inc. et al.entered 2009-09-30

  Primary law: CERCLA

Timeline (3 milestones)

• 2009-09-30Final Order Issued
• 2009-09-30Enforcement Action Closed
• 2009-10-01Enforcement Action Data Entered