EPA v. CYTEC INDUSTRIES, INC. (AMERICAN CYANAMID)

Case summary

THIS CASE REFERRED BECAUSE OF MASSIVE SITE CONTAMINATION - ALL TYPES OF HAZARDOUS SUBSTANCES BURIED ON-SITE. TWO (2) REMOVAL ACTIONS REMOVED 2600 BURIED PLUS ADDITIONAL TANK TRUCKS. UNCONSOLIDATED HAZARDOUS WASTES BURIED ALL OVER 150 ACRE SITE. 2/9/00: THE REFERRAL REQUESTS THAT THE DEPARTMENT OF JUSTICE ( DOJ ) FILE A COMPLAINT AND CIVIL ACTION AGAINST CYTEC INDUSTRIES, INC. ( CYTEC ), FORD MOTOR COMPANY ( FORD ), AND SPS TECHNOLGOIES, INC. ( SPS ), THREE OF THE PROPOSED DEFENDANTS NAMED IN A PRE-REFERRAL NEGOTIATION CIVIL LITIGATION REPORT ( PRN ) SENT TO DOJ ONMARCH 4, 1998. IT ALSO REQUESTS THAT DOJ LODGE THE ENCLOSED CONSENT DECREE. THE PRN NOW SUBSTITUTES FOR A FULL LITIGATION REPORT BECAUSE OF THE PROPOSED SETTLEMENT OF THIS MATTER NEGOTIATED BY THE UNITED STATES WITH THE PROPOSED DEFENDANTS. ALL INFORMATION TO FILE A COMPLAINT AGAINST THESE THREE PARTIES IA CONTAINED IN THE PRN. RECOMMENDED DEFENDANTS: WE RECOMMEND THAT ACTION BE FILED AGAINST CYTEC INDUSTRIES, INC., FORD MOTOR COMPANY, AND SPS TECHNOLOGIES, INC. (COLLECTIVELY REFERRED TO AS THE SETTLING DEFENDANTS ). PROPOSED RELIEF PURSUANT TO THE CONSENT DECREE, THE SETTLING DEFENDANTS WILL PERFORM A PORTION OF THE REMEDIAL DESIGN AND REMEDIAL ACTION ( RD/RA ) FOR THE SITE AND PAY EPA'S FUTURE RESPONSE COSTS ASSOCIATED WITH THE WORK COVERED BY THE CONSENT DECREE (NOTE: FUTURE OVERSIGHT COSTS WILL BE REIMBURSED ONLY IF UNITED STATES V. ROHM & HAAS CO., NO. 92-1517 (3RD CIR. AUG. 12, 1993) IS REVERSED OR OVERTURNED). SPECIFICALLY, THE SETTLING DEFENDANT WILL COMPLETE THE RD THAT HAS ALREADY BEEN INITIATED BY EPA'S CONTRACTORS USING SUPERFUND MONEY. IN ADDITION, THE SETTLING DEFENDANTS WILL PERFORM THE REMEDIAL ACTIONF OR ALL OPERABLE UNIT 1 ( OU-1 ) ACTIVITIES AS DEFINED BY THE ATTACHED CONSENT DECREE. PAYMENT OF EPA'S PAST COSTS WILL BE DEFERRED UNTIL A LATER TIME, EITHER AS PART OF A COST RECOVERY ACTION OR AS PART OF A SETTLEMENT IN CONNECTION WITH OU-2 AT THE SITE. ON SEPT 27, 2000, EPA FORWARDED A SUPPLEMENT PRE-REFERRAL CIVIL LITIGATION REPORT ( PRN ) TO THE DEPARTMENT OF THE JUSTICE RECOMMENDING THAT COMBINATION GENERAL NOTICE AND SPECIAL NOTICE LETTERS ( GNL/SNLS ) BE ISSUED TO TEN NEWLY IDENTIFIED POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) FOR THE BOARHEAD FARMS SUPERFUND SITE ( SITE ) IN BUCK COUNTY, PENNSYLVANIA. THE GNL/SNLS REQUEST THAT THE NEW PARTIES, ALONG WITH PREVIOUSLY IDENTIFIED PRPS FOR THE SITE, FINANCE AND PERFORM THE REMAINING CLEAN UP WORK AT THE SITE ( OU-2 WORK ) AND REIMBURSE THE AGENCY FOR ITS PAST RESPONSE COSTS OF ,870.77. THE SITE IS LOCATED IN UPPER BLACK EDDY, BRIDGETON TOWNSHIP, PENNSYLVANIA. THE ORIGINAL PRN, WHICH WAS FORWARDED TO THE DEPARTMENT OF JUSTICE ON MARCH 30, 1998, RECOMMENDED NINE (9) POTENTIALLY RESPONSIBLE PARTIES ( PRPS FOR RECEIPT OF SPECIAL NOTICE LETTERS, INCLUDING THE CURRENT SITE OWNER; TWO FORMER OPERATORS/TRANSPORTERS; AND SIX GENERATORS WHO DISPOSED OF HAZARDOUS SUBSTANCES AT THE SITE, INCLUDING ONE FEDERAL AGENCY PRP. THE SUPPLEMENTAL PRN RECOMMENDS TEN (10) ADDITIONAL PARTIES FOR RECEIPT OF COMBINATION GENERAL NOTICE AND SPECIAL NOTICE LETTERS. ALL OF THESE PARTIES ARE GENERATORS PRPS. A PROPOSED REMEDIAL ACTION PLAN ( PROPOSED PLAN ) FOR THE SITE WAS PREPARED FOR PUBLIC COMMENT IN JANUARY OF 1998. THE RECORD OF DECISION ( ROD ) WAS ISSUED IN NOVEMBER OF 1998. THE SITE HAS BEEN THE SUBJECT OF THREE PRIOR SUPERFUND REMOVAL ACTIONS. THE PREFERRED REMEDIAL ALTERNATIVE INCLUDES: SOIL AERATION AND TREATMENT OF VOLATILE ORGANIC COMPOUNDS ( VOCS )

Defendants (20)

• AMERICAN CYANAMIDNamed in complaint
• BOARHEAD CORP
• BUNDY CORPORATION
• CARPENTER TECHNOLOGY
• CIBA-GIGY SPECIAL CHEMICALS
• CYTEC INDUSTRIES, INC.Named in complaintNamed in settlement
• DEREWAL CHEMICAL CO
• ETCHED CIRCUITS, INC.
• FLEXIBLE CIRCUITS, INC.
• FORD MOTOR COMPANYNamed in complaintNamed in settlement
• GENERAL CERAMICS
• HANDY & HARMAN TUBE COMPANY
• MANFRED DEREWAL
• MERIT METALS PRODUCTS CORP
• PHILCO FORD CORPNamed in complaint
• PLYMOUTH TUBE COMPANY, INC.
• QUIKLINE DESIGN & MANUFACTURING, INC.
• SPS TECHNOLOGIESNamed in complaintNamed in settlement
• THOMAS & BETTS CORPORATION
• VAN WATERS & ROGERS, INC.

Facilities (1)

• BOARHEAD FARMS PUBLIC ADMIN

  1310 LONELY COTTAGE ROAD, UPPER BLACK EDDY, PA, 18972

  Registry ID: 110001087804

Statutes cited

• CERCLA 113 — Superfund
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CYTEC INDUSTRIES, INC.entered 2000-09-29

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-03-04PRN Sent
• 1998-06-09Enforcement Action Data Entered
• 2000-02-09Referred To Dept Of Justice
• 2000-05-02Final Order Lodged
• 2000-05-02Complaint Filed With Court
• 2000-09-29Final Order Entered