EPA v. Dupont, E.I. Denemours & Co

Case summary

EPA IS REQUESTING THAT DOJ ASSIST THE AGENCY IN PRE-REFERRAL NEGOTIATIONS FOR A REMEDIAL DESIGN/REMDIAL ACTION AND COST RECOVERY CONSENT DECREE UNDER SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9606 AND 9607. THE REGION RECOMMENDS THAT THE FOLLOWING PARTIES BE INCLUDED IN SETTLEMENT NEGTIATIONS: OLIN CORPORATION ROCKWELL INTERNATIONAL CORPORATION GENERAL ELECTRIC COMPANY AND GE SPECIALTY CHEMCIALS, INC (GE) E.I. DUPONT DE NEMOURS & COMPANY EPEC POLYMERS MORGANTOWN INDUSTRIAL PARK ASSOCIATES (MIPA) DEPARTMENT OF DEFENSE OLIN, ROCKWELL, GE, AND MIPA ARE OBLIGATED BY AN ADMIN. ORDER TO IMPLEMENT EPA'S SEPTEMBER 1999 RECORD OF DECISION FOR OPERABLE UNIT NO. 1 (OU1) OF THE SITE. THE REGION IS AWARE THAT SOME OR ALL OF THESE PARTIES HAVE NEGOTIATED A CO COST SHARING AGREEMENT WITH THE DEPARTMENT OF DEFENSE. OLIN AND THE U.S. ARMY CORPS OF ENGINEERS (ON BEHALF OF THE DEPARTMENT OF DEFENSE) HAVE REQUESTED THAT EPA NEGOTIATE A JUDICIAL CONSENT DECREE TO REPLACE THE ADMINISTRATIVE ORDER, PRIMARILY TO EASE THE PERFORMING PRP GROUP'S ABILITY TO SECURE THE ALLEGED FEDERAL SHARE OF CLEANUP COSTS FROM THE JUDGMENT FUND. BECAUSE CONVERSION TO A CONSENT DECREE WOULD ENABLE EPA TO RECOVER PAST COSTS AND OVERSIGHT COSTS AND POTENTIALLY AVOID THE NEED FOR LITIGATION IN THIS MATTER, THE REGION FAVORS THIS COURSE OF ACTION. PAST COSTS ARE APPROXIMATELY $2.2 MILLION. THE COST OF THE REMEDIATION IS EXPECTED TO BE APPROXIMATELY $6.7 MILLION. NO FURTHER RESPONSE WORK IS ANTICIPATED AT THE ORDNANCE WORK SITE. The property where the Site is located consists of numerous tracts of land containing approximately 800 acres originally assembled by E.I. DuPont de Nemours & Company between 1940-1943 pursuant to agreements between DuPont and the United States. These agreements additionally provided for the construction and operation of chemical manufacturing facilities. The Site property has contained active chemical production facilities since the 1940's. Between 1943 and 1962, the United States held legal title to these facilities. Between 1941 and 1958, various operations were conducted by private parties, in some cases pursuant to government contracts and operating agreements, and in other cases pursuant to commercial leases. During this time, the facilities were used to produce, among other substances, hexamine, ammonia, methyl alcohol, formaldehyde, ethylene diamine, and coke. From 1958 through 1962, the plant was idle. As a result of the manufacturing operations conducted at the Site, hazardous substances were generated and subsequently disposed at, among other places, a 1-2 acre disposal area in the southern portion of the Site (OU1). Contamination at the remainder of the Site (OU2) was addressed through a removal action completed in 1997. The area referred to as OU1 was proposed for inclusion on EPA���s National Priorities List on October 15, 1984 and was finalized on the NPL on June 10, 1986. Since 1990 several parties (not including DuPont) have been implementing a remedial action at OU1 of the Site. For several years these parties and the U.S. have been negotiating a consent decree to substitute for the order. During this time DuPont sought indemnification from the U.S. under the terms of its pre-WWII contract. DuPont was unsuccessful in its efforts to secure indemnification and, in November 2002, filed a contribution action against the U.S. The U.S. now seeks to require DuPont to reimmburse EPA's response co

Defendants (8)

• GENERAL ELECTRIC COMPANYNamed in settlement
• ROCKWELL INTERNATIONAL CORPORATIONNamed in settlement
• DEFENSE, DEPARTMENT OF
• DUPONT, E.I. DE NEMOURS & CONamed in complaintNamed in settlement
• EPEC POLYMERS, INC.Named in settlement
• GE SPECIALTY CHEMICALS, INC
• MORGANTOWN INDUSTRIAL PARK ASSOCIATES,LP
• OLIN CORPORATIONNamed in settlement

Facilities (1)

• ORDNANCE WORKS DISPOSAL

  100 DUPONT RD, MORGANTOWN, WV, 26507

  Registry ID: 110013725120

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Dupont, E.I. Denemours & Coentered 2005-12-06

  Primary law: CERCLA

Timeline (7 milestones)

• 2000-07-31PRN Sent
• 2000-08-01Enforcement Action Data Entered
• 2003-02-28Referred To Dept Of Justice
• 2003-02-28Referred To Headquarters
• 2003-03-24Complaint Filed With Court
• 2005-09-09Final Order Lodged
• 2005-12-06Final Order Entered