EPA v. CYTEC INDUSTRIES, INC ET AL

Case summary

THE REFERRAL REQUESTS THAT A COMPLAINT BE FILED UNDER SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED (CERCLA), AGAINST CYTEC INDUSTRIES, SPS TECHNOLOGIES INC, FORD MOTOR COMPANY AND TI GROUP AUTOMOTIVE SYSTEMS CORPORATION. EPA ALSO REQUEST THAT DOJ EXECUTE THE OU2 CONSENT DECREE AND LODGE IT WITH THE FEDERAL DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. RECOMMENDED DEFENDANTS: WE REOMMEND THAT ACTION BE FILED AGAINST CYTEC INDUSTRIES, INC., SPS TECHNOLGOIES, INC., FORD MOTOR COMPANY AND TI GROUP AUTOMOTIVE SYSTEMS CORPORATION. PROPOSED RELIEF: PURSUANT TO THE CONSENT DECREE, THE SETTLING DEFENDANTS WILL PERFORM THE FINAL PORTION OF THE REMEDIAL DESIGN AND REMEDIAL ACTION (RD/RA) FOR THE SITE AND PAY PORTIONS OF EPA'S PAST AND FUTURE RESPONSE COTS ASSOCIATED WITH THE WORK COVERED BY THE CONSENT DECREE. SPECIFICALLY, THE SETTLING DEFENDANTS WILL COMPLETE THE RD THAT EPA HAD BEEN UNDERTAKING. IN ADDITION, THE SETTLING DEFENDANTS WILL PERFORM THE RA FOR AL OPERABLE UNIT 2 (OU2) ACTIVITIES AS DEFINED BY THE PROPOSED CONSENT DECREE. THE SETTLING DEFENDANTS WILL ALSO REIMBURSE EPA'S OVERSIGHT COSTS INCURRED IN CONNECTION WITH THE REMEDIAL DESIGN AND OVERSIGHT OF REMOVAL ACTIONS ONLY IF TE DECISION IN UNITED STATES V. ROHM & HAAS CO., 2 F.3D 1265 (3RD CIR. 1993), REGARDING THE LIABILITY OF RESPONSIBLE PARTIES UNDER SECTION 107(A)(4)(A) OF CERCLA FOR EPA OVERSIGHT COSTS, IS REVERSED OR OVERTURNED BY THE COURT OF APPEALS FOR THE THIRD CIRCUIT,THE UNITED STATES SUPREME COURT, OR THE UNITED STATES CONGRESS THROUGH AMENDMENT TO CERCLA, OR OTHERWISE. FINALLY, THE SETTLING DEFENDANTS HAVE AGREED TO REIMBURSE THE UNITED STATES FOR $7,000,000 IN PAST RESPONSE COSTS. EPA'S PAST RESPONSE COTS WHICH, AS CALCULATED THROUGH JULY 27, 1999 USING EPA'S CURRENT INDIRECT RATE METHODOLOGY, TOTAL $16,985,442.00. AS PART OF THIS SETTLEMENT, THE SETTLING DEFENDANTS HAVE BEEN OFFERED AND HAVE ACCEPTED ORPHAN SHARE COMPENSATION FO $3,289,250.

Defendants (4)

• CYTEC INDUSTRIES, INCNamed in complaintNamed in settlement
• FORD MOTOR COMPANYNamed in complaintNamed in settlement
• SPS TECHNOLOGIES, INCNamed in complaintNamed in settlement
• TI GROUP AUTOMOTIVE SYSTEMS CORPNamed in complaintNamed in settlement

Facilities (1)

• BOARHEAD FARMS PUBLIC ADMIN

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

  Registry ID: 110001087804

Statutes cited

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

Enforcement conclusions (1)

• CYTEC INDUSTRIES, INC ET ALentered 2002-03-13

  Primary law: CERCLA

Timeline (5 milestones)

• 2001-09-28Referred To Dept Of Justice
• 2001-10-04Enforcement Action Data Entered
• 2001-12-06Complaint Filed With Court
• 2002-01-08Final Order Lodged
• 2002-03-13Final Order Entered