EPA v. LORD CORPORATION

Case summary

THIS IS A PRN REPORT IN ACCOMPANIED BY A SITE-SPECIFIC CONSENT DECREE, FOR REMEDIAL DESIGN/REMEDIAL ACTION AT THE SAEGERTOWN AREA INDUSTRIAL SITE. THE PROPOSED CIVIL ACTION IS TO REQUIRE LORD CORPORATION TO IMPLEMENT EPA'S SELECTED REMEDY FOR THE LORD CORPORATION PROPERTY PORTION OF THE SAEGERTOWN INDUSTRIAL AREA SUPERFUND SITE ( SITE ) AS THAT REMEDY IS DESCRIBED IN EPA'S RECORD OF DECISION FOR THE SITE DATED JANUARY 29,1993. THE CONSENT DECREE REQUIRES LORD CORPORATION TO IMPLEMENT THE SELECTED REMEDY FOR THE LORD CORPORATION PROPERTY PORTION OF THE SITE, A REMEDY ESTIMATED TO COST $3.4 MILLION. THE CONSENT DECREE ALSO REQUIRES LORD CORPORATION TO PAY $21,928.46 IN PAST RESPONSE COSTS INCURRED BY THE UNITED STATES, AND TO PAY CERTAIN CATEGORIES OF THE UNITED STATES' FUTURE RESPONSE COSTS ASSOCIATED WITH THE CONSENT DECREE AND SITE. IN RESPONSE TO THE THIRD CIRCUIT'S RECENTLY ISSUED DECISION IN U.S. V. ROHM AND HAAS REGARDING THE AUTHORITY OF THE UNITED STATES TO RECOVER ITS OVERSIGHT COSTS. THE CONSENT DECREE PROVIDES THAT LORD CORPORATION IS OBLIGATED TO REIMBURSE THE UNITED STATES FOR ITS OVERSIGHT COSTS. THE CONSENT DECREE PROVIDES THAT LORD CORPORATION IS OBLIGATED TO REIMBURSE THE UNITED STATES FOR ITS OVERSIGHT COSTS ONLY IN THE EVENT THAT THE ROHM AND HAAS DECISION IS REVERSED OR OVERTURNED THROUGH JUDICIAL OR LEGISLATATIVE MEANS. THE CONSENT DECREE REPRESENTS A 100% SETTLEMENT FOR THE IMPLEMENTATION OF EPA'S SELECTED REMEDY FOR THE LORD CORPORATION PROPERTY PORTION OF THE SITE.

Defendants (5)

• FERRY, CLAIR J.Named in complaintNamed in settlement
• FERRY, DOROTHYNamed in complaintNamed in settlement
• GATX CORPORATIONNamed in complaintNamed in settlement
• HAEMER TOOL AND DIE COMPANYNamed in complaintNamed in settlement
• LORD CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• SAEGERTOWN INDUSTRIAL AREA SITE

  SAEGERTOWN INDUSTRIAL PARK, SAEGERTOWN, PA, 16433

  Registry ID: 110010585839

Statutes cited

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

Enforcement conclusions (2)

• GATX CORPORATIONentered 1995-07-03

  Primary law: CERCLA

• LORD CORPORATIONentered 1994-03-15

  Primary law: CERCLA

Timeline (6 milestones)

• 1992-01-09Enforcement Action Data Entered
• 1992-12-16PRN Sent
• 1993-09-29Referred To Dept Of Justice
• 1993-12-17Complaint Filed With Court
• 1995-07-03Final Order Lodged
• 1995-07-03Final Order Entered