EPA v. CHROMATEX INC, ET. AL., (VALMONT TCE SITE)

Case summary

THIS IS A REFERRAL (LITIGATION REPORT) UNDER SECTION 107 OF THE CERCLA ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO. 99-499 42 U.S.C. 9607, FOR RECOUPMENT OF APPROXIMATELY $617,094.79 SPENT ON RESPONSE MEASURES UNDERTAKEN TO RESPOND TO TRICHLOROETHYLENE (TCE) CONTAMINATION AT A MANUFACTURING FACILITY LOCATED AT FALMONT INDUSTRIAL PARK IN WEST HAZLETON BOROUGH AND HAZLE TOWNSHIP, LUZERNE COUNTY, PA (VALMONT TCE SITE OR THE SITE). EPA ADDITIONAL SEEKS A DECLARATORY JUDGEMENT UNDER SECTION 113(G)(2) OF CERCLA, 42 U.S.C. 9613(G)(2), AND 28 U.S.C. 2201 FOR FUTURE COSTS TO BE INCURRED AT THE SITE. ON APRIL 18, 2014, THE DEPARTMENT OF JUSTICE ( DOJ ) LODGED WITH THE U.S. DISTRICT COURT, MIDDLE DISTRICT OF PA, A CONSENT JUDGMENT RELATING TO THE VALMONT TCE SUPERFUND SITE ( SITE ), LOCATED IN HAZELTON, LUZERNE COUNTY, PA. THE CONSENT JUDGMENT MEMORIALIZES A SETTLEMENT OF A JUDGMENT ISSUED IN UNITED STATES V. CHROMATEX, INC., ET. AL. CIVIL ACTION NO. 91-1501 (M.D.PA), IN 1994 ( 1994 JUDGMENT ), PURSUANT TO WHICH JUDGMENT DEFENDANTS CHROMATEX, INC., THE VALMONT GROUP, AND FORMER GENERAL PARTNERS OF THE VALMONT GROUP ( VALMONT PARTNERS ), FORMER OWNERS AND/OR OPERATORS OF THE SITE, WERE FOUND LIABLE UNDER SECTION 107(a) OF CERCLA FOR RESPONSE COSTS INCURRED BY THE UNITED STATES IN CONNECTION WITH THE SITE. THE CONSENT JUDGMENT ALSO SETTLES CONTRIBUTION, INDEMNIFICATION, AND FRAUD CLAIMS ASSERTED BY THE VALMONT PARTNERS AGAINST CHROMATEX, INC. AND RELATED ENTITIES; THE ESTATE OF A FORMER OFFICER OF CHROMATEX, INC., AND CULP, INC., WHICH ACQUIRED CERTAIN ASSETS OF CHROMATEX, INC. (COLLECTIVELY, CONTRIBUTION ACTION DEFENDANTS ). PURSUANT TO THE CONSENT JUDGMENT, SETTLING DEFENDANTS AND THE CONTRIBUTION ACTION DEFENDANTS COLLECTIVE WILL PAY TO EPA AN AMOUNT WITHIN 30 DAYS OF EFECTIVE DATE OF CONSENT JUDGMENT. THE CONSENT JUDGEMENT WILL BE SUBJECT TO A THIRTY DAY PUBLIC COMMENT PERIOD BEFORE IT MAY BE ENTERED BY THE COURT.

Defendants (7)

• CHERENSON, ALANNamed in complaintNamed in settlement
• CHROMATEX, INC.Named in complaintNamed in settlement
• COCHRAN, JAMESNamed in complaintNamed in settlement
• SHULMAN, ALANNamed in complaintNamed in settlement
• SIEGEL, STANLEYNamed in complaintNamed in settlement
• VALMONT GROUP PARTNERSHIPNamed in complaintNamed in settlement
• BYRNES, JOSEPHNamed in complaintNamed in settlement

Facilities (2)

• VALMONT TCE SITE (CHROMATEX INC)

  1 ROTARY DR, WEST HAZLETON, PA, 182011168

  Registry ID: 110064215273

• VALMONT TCE SITE (FORMER - VALMONT INDUSTRIAL PARK)

  DEER RUN ROAD, WEST HAZLETON, PA, 18201

  Registry ID: 110064215255

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• CHROMATEX INC, ET. AL., (VALMONT TCE SITE)entered 2014-06-05

  Primary law: CERCLA

• CHROMOTEXentered 1994-09-29

  Primary law: CERCLA

Timeline (5 milestones)

• 1990-11-15Enforcement Action Data Entered
• 1991-09-20Referred To Dept Of Justice
• 1991-10-30Complaint Filed With Court
• 2014-04-18Final Order Lodged
• 2014-06-05Final Order Entered