EPA v. REYNOLDS METAL, ET. AL. (H H INC BURN PIT)

Case summary

INJUNCTIVE RELIEF TO CONDUCT CERCLA REMEDY AND RECOVER PAST COSTS FOR RI/FS. REFERRAL AGAINST PARTIES WHO HAVE SIGNED CONSENT DECREE FOR RD/RA AND HAVE AGREED TO REIMBURSE PART OF EPA'S PAST COSTS. SUPPLEMENTAL REFERRAL DONE ON 09/27/97 ADDING ADDITIONAL DEFENDANT (J.W. FERGUSSON & SONS, INC. 10/4/99: 2ND SUPPLEMENTAL REFERRAL SENT ON 9/30/99 ADDING T. FRANK FLIPPO & SONS, INC. AS A DEFENDANT. This is a Referral Supplement prepared in connection with a request from the U.S. Environmental Protection Agency (EPA) to the U.S. Department of Justice (DOJ) to amend a consent decree entered in the U.S. District Court for the Eastern District of Virginia on November 5, 1997 in connection with the H&H Burn Pit Superfund Site in Hanover County, Virginia (Site). The requested amendment incorporates into the 1997 settlement a Record of Decision Amendment modifying the remedial action selected for the Site. On November 10, 2021, the Court entered Amendment No. 3 to a 1997 settlement under which Reynolds Metals Corporation and Westvaco Corporation were required to design and implement remedial action selected for the HH Burn Pit Site (Arconic Corporation is the successor to Reynolds; WestRock MWV, LLC is the successor to Westvaco). Amendment No. 3 incorporates a ROD Amendment issued by EPA on June 26, 2020 substituting Enhanced Bioremediation (EB) for High Vacuum Extraction (HVE) as the groundwater remedy for the Site. The Site is a former disposal area where industrial wastes were burned. Hazardous substances (primarily VOCs, SVOCs, and metals) contaminated soils, sediments, and groundwater within the boundaries of a single 73-acre parcel. In 1995 EPA issued a ROD selecting removal and off-site disposal of contaminated soils and sediments and treatment of contaminated groundwater via precipitation/ sedimentation and ultraviolet oxidation. In 1998, the Court entered Amendment No. 1 adding J.W. Fergusson & Sons as a settling party. In 2000, the Court entered Amendment No. 2 incorporating a 1999 Explanation of Significant Differences substituting HVE for the previously selected groundwater remedy. In 2007, Fergusson filed for Chapter 7 bankruptcy; Fergusson�s assets were liquidated and the bankruptcy case was closed in 2012. In 2011, after ten years of HVE operation at the Site, EPA approved a system shut down due to diminished contaminant recovery rates and the settlors performed a pilot study using EB.

Defendants (7)

• WESTVACO CORPNamed in complaintNamed in settlement
• HASKELL CHEMICAL CO INC
• J.W. FERGUSSON AND SONSNamed in settlement
• LIQUIDATING TRUST FOR ASSETS & LIABILITI
• REYNOLDS METALS CONamed in complaintNamed in settlement
• T. FRANK FLIPPO AND SONS, L.L.CNamed in complaintNamed in settlement
• VIRGINIA FOLDING BOX CO

Facilities (1)

• H & H INC., BURN PIT

  10 MILES N RTE 33, FARRINGTON, VA, 23192

  Registry ID: 110009315703

Statutes cited

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

Enforcement conclusions (5)

• FLIPPOS, T. FRANK & SONS, LLCentered 2000-04-18

  Primary law: CERCLA

• FERGUSSON, J.W. AND SONS, INC.entered 1998-04-13

  Primary law: CERCLA

• REYNOLDS METAL, ET. AL. (H H INC BURN PIT)entered 2021-11-10

  Primary law: CERCLA

• REYNOLDS METAL, (T. FRANK FLIPPO AND SONS, L.L.C.)entered 2010-08-13

  Primary law: CERCLA

• REYNOLDS METALS CO AND WESTVACO CORPentered 1997-11-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-08-11Enforcement Action Data Entered
• 1994-08-11PRN Sent
• 1996-09-30Referred To Dept Of Justice
• 1997-03-28Complaint Filed With Court
• 2020-06-10Supplemental Referral-Other
• 2021-11-10Final Order Entered
• 2021-11-10Final Order Lodged