EPA v. Fisher Scientific Company LLC et al.

Case summary

Request the U.S. Department of Justice participate in negotiations aimed at reaching settlement with Defendants pursuant to which these parties will: (i) fund and implement the remedial design and remedial action for the remedy selected by EPA in its Record of Decision for the Fair Lawn Well Field Superfund Site expected to be issued in September 2018, and (ii) reimburse EPA for its outstanding past costs and projected future costs of overseeing performance of the response action for the Site. Under the consent decree, Settling Defendants would fund and implement the remedial design and remedial action (RD/RA) for the remedy selected in EPA's September 2018 Record of Decision for the site and reimburse EPA for its costs of overseeing the Settling Defendants' performance of the RD/RA. The remedy is valued at $19,500,000. Pursuant to the consent decree, the United States would apply funds received in a separate bankruptcy settlement with the former Eastman Kodak Company, another liable party for the site, as a full credit against EPA's outstanding past response costs of approximately $97,000, such that the Settling Defendants have no obligation under the decree to pay those costs. The United States also would apply the remaining balance of funds received in the Kodak bankruptcy, approximately $1,007,825, as a credit against Settling Defendants' obligation to pay the government's future response costs. After the Kodak funds are exhausted, Settling Defendants would pay 100% of future response costs, including EPA's costs of overseeing Settling Defendants' work under the consent decree.

Defendants (2)

• Sandvik, LLCNamed in complaintNamed in settlement
• Fisher Scientific Company LLCNamed in complaintNamed in settlement

Facilities (1)

• FAIR LAWN WELL FIELD

  IND PARK/HENDERSON BLVD 11 ST, FAIR LAWN, NJ, 07410

  Registry ID: 110071818725

Statutes cited

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

Enforcement conclusions (1)

• Fisher Scientific Company LLC et al.entered 2020-03-16

  Primary law: CERCLA

Timeline (6 milestones)

• 2018-09-28PRN Sent
• 2018-10-01Enforcement Action Data Entered
• 2019-09-30Referred To Dept Of Justice
• 2020-01-03Complaint Filed With Court
• 2020-01-03Final Order Lodged
• 2020-03-16Final Order Entered