EPA v. BOLLMAN TRUCKING CO, ET. AL.

Case summary

On April 24, 2003, a letter referral and consent decree were forwarded to the DOJ for execution and lodging. The consent decree is the fourth and final settlement relating to the Halby Chemical Site and resolves the liability of Bollman Trucking Company, Christiana Motor Freight Company and F & H Transport, Inc. under Sections 106 and 107 of CERCLA, as well as under RCRA Section 7003. The settling defendants are the present owner/operator and past owner/operators at the time of disposal of an approximately 10-acre portion of the Site and required to: (1) reimburse the United States its Past Response Costs in the amount of Five Thousand Dollars ($5,000); (2) reimburse the United States its Future Response Costs in the amount of Seventy Thousand Dollars ($70,000); (3) provide access at all reasonable times; and (4) implement institutional controls. This settlement is based upon an ability to pay analysis. The other 3 consent decree involved the cash-out settlement of the Brandywine Chemical Company as the present owner/operator; the RD/RA for the ROD for OU-1 with Witco; and, the RD/RA and cost recovery Consent Decree with Witco and Pyrites, past owner/operators at the time of disposal.

Defendants (3)

• Bollman Trucking CoNamed in complaintNamed in settlement
• Christiana Motor Freight CompanyNamed in complaintNamed in settlement
• F & H Transport, IncNamed in complaintNamed in settlement

Facilities (1)

• HALBY CHEMICAL

  600 TERMINAL AVENUE, NEW CASTLE, DE, 19720

  Registry ID: 110006817007

Statutes cited

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

Enforcement conclusions (1)

• BOLLMAN TRUCKING CO, ET ALentered 2003-11-12

  Primary law: CERCLA

Timeline (6 milestones)

• 2003-05-01Referred To Dept Of Justice
• 2003-05-28Enforcement Action Data Entered
• 2003-09-02Final Order Lodged
• 2003-09-02Complaint Filed With Court
• 2003-11-12Concluded
• 2003-11-12Final Order Entered