EPA v. AGERE SYSTEMS, ET AL

Case summary

THE REGION HAS PROVIDED DOJ WITH A PRE-REFERRAL NEGOTIATION REPORT TO SUPPORT A REQUEST FOR CERCLA SECTION 106/107 PRE-REFERRAL NEGOTIATIONS IN CONNECTION WITH THE SPECTRON SUPERFUND SITE, FOR REMEDIAL DESIGN AND REMEDIAL ACTION RELATED TO OPERABLE UNIT 1, AND RECOUPMENT OF APPROXIMATELY $3 MILLION IN EPA COSTS. THE REGION RECOMMENDED THAT SUCH NEGOTIATIONS BE COMMENCED WITH 49 DE MAXIMIS PARTIES AND THE SITE PROPERTY OWNER. THERE ARE OVER 1,000 POTENTIALLY RESPONSIBLE PARTIES (PRPs) RELATED TO THIS SITE, INCLUDING THE ABOVE DE MAXIMIS ENTITIES. EPA SETTLED THE LIABILITY OF APPROXIMATELY HALF OF THOSE PRPs, IN A GLOBAL DE MINIMIS SETTLEMENT THAT WAS ENTERED BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN MARCH 2003 (CIVIL NO. AMD 02-3858). THE SITE IS AN 8-ACRE PROPERTY LOCATED ON PROVIDENCE ROAD IN ELKTON, CECIL COUNTY, MARYLAND ON WHICH SOLVENT RECLAMATION ACTIVITIES OCCURRED FROM THE 1960s TO 1980s. SOIL AND GROUND WATER AT THE SITE ARE CONTAMINATED WITH HAZARDOUS SUBSTANCES, INCLDUING VOLATILE ORGANIC COUMPOUNDS. IN 1989, EPA DETERMINED THAT THE SITE POSED AN IMMINENT AND SUBSTANTIAL THREAT TO PUBLIC HEALTH AND THE ENVIRONMENT AND COMMENCED A REMOVAL RESPONSE ACTION WHICH SUBSEQUENTLY WAS TAKEN OVER BY A GROUP OF PRPs. SINCE THEN, EPA HAS OVERSEEN THE PRPs' COMPLETION OF THE REMOVAL ACTION AND CONDUCT OF THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY AT THE SITE. EPA EXPECTS TO ISSUED THE RECORD OF DECISION FOR OPERABLE UNIT 1 IN EARLY 2004. THE REGION HAS PROVIDED DOJ WITH A SUPPLEMENTA PRE-REFERRAL NEGOTIATION REPORT ( PRN ) TO SUPPORT A REQUEST FOR CERCLA SECTION 106/107 PRE-REFERRAL NEGOTIATIONS IN CONNECTION WITH THE SPECTRON SUPEFUND SITE, TO INITIATE NEGOTIATIONS OF A CONSENT DECREE FOR PERFORMANCE OF A $9.5 MILLION REMEDIAL DESIGN AND REMEDIAL ACTION ( RD/RA ) RELATED TO OPERABLE UNIT 1, AND RECOUPMENT OF APPROXIMTAELY $3 MILLION IN EPA COSTS. REGION III REFERRED THE ORIGINAL PRN TO DOJ IN DECEMBER 2003. IN THE SUPPLEMENT PRN, REGION III RECOMMENDED ADDING A NEW OWNER-DEFENDANT TO THE CURRENT LIST OF 50 DE MAXIMUS DEFENDANTS, AND UPDATED THE CORPORATE INFORMATION OF CERTAIN DEFENDANTS. THE 50 DEFENDANTS AND THE OWNER-DEFENDANT WERE SENT SPECIAL NOTICE LETTERS, PURSUANT TO CERCLA SECTION 122, INITIATING THE 120-DAY MORATORIUM DURING WHICH EPA WILL NEGOTIATE THE RD/RA CONSENT DECREE. IN ADDITION, REGION III INTENDS TO SEND THE FORMER OWNER OF THE PROPERTY, PAUL MRAZ, A LETTER WAIVING THE SPECIAL NOTICE PROCEDURES. THERE ARE OVER 1,000 POTENTIALLY RESPONSIBLE PARTIES (PRPS) RELATED TO THIS SITE, INCLUDING THE 51 DEMAXIMIS ENTITIES AND SITE OWNER. EPA SETTLED THE LIABILITY OF APPROXIMATELY HALF OF THOSE PRPS, IN A GLOBAL DE MINIMIS SETTLEMENT THAT WAS ENTERED BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN MARCH 2003 (CIVIL NO AMD 02-3858). THE SITE IS AN 8-ACRE PROPERTY LOCATED ON PROVIDENCE ROAD IN ELKTON, CECIL COUNTY, MARYLAND ON WHICH SOLVENT RECLAMATION ACTIVITIES OCCURRED FROM 1960S TO 1980S. SOIL AND GROUND WATER AT THE SITE ARE CONTAMINATED WITH HAZARDOUS SUBSTANCES, INCLUDING VOLATILE ORGANIC COMPOUNDS. EPA ISSUED THE RECORD OF DECISION FOR OPERABLE UNIT 1 ON SEPTEMBER 16, 2004.

Defendants (145)

• PPG INDUSTRIES, INCNamed in settlement
• PERMACEL
• SCHERING-PLOUGH CORPORATIONNamed in settlement
• SOLVENTS & PETROLEUM SERVICE, INCNamed in settlement
• TEVA PHARMACEUTICALS USA, INCNamed in settlement
• UNION CARBIDE CORPORATION
• VALSPAR CORPORATIONNamed in settlement
• W.L. GORE & ASSOCIATES, INCNamed in settlement
• WASTE MANAGEMENT, INC
• WYETHNamed in settlement
• ARMSTRONG WORLD INDUSTRIES, INCNamed in complaint
• G-I HOLDINGS, INCNamed in complaint
• STEAM KAT HAZ MAT, INC (C/O PSC OUTSOURCING INC)
• BRISTOL-MEYES SQUIBB COMPANYNamed in complaint
• PHARMACIA CORPORATION (FOR THE FORMER MONSATO CO)Named in settlement
• AGERE SYSTEMS, INCNamed in complaintNamed in settlement
• MRAZ, PAUL J
• ALCOLAC, INCNamed in complaintNamed in settlement
• API FOILS, INCNamed in complaint
• BAYER CROPSCIENCE, LLC (FORMERLY AVENTIS PHARMACEUNamed in complaint
• BEE CHEMICAL COMPANY (C/O MORTON INTERNATIONAL, INNamed in complaint
• BISHOP & ASSOCIATES, INCNamed in complaint
• BORDEN, INCNamed in complaint
• BRENNTAG NORTHEAST, INCNamed in complaintNamed in settlement
• BREENTAG SOUTHEAST, INCNamed in complaintNamed in settlement
• …and 120 more

Facilities (1)

• SPECTRON INC

  120 PROVIDENCE RD & RD 8, ELKTON, MD, 21921

  Registry ID: 110001767268

Statutes cited

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

Enforcement conclusions (1)

• AGERE SYSTEMS, ET ALentered 2007-03-16

  Primary law: CERCLA

Timeline (10 milestones)

• 2003-12-29PRN Sent
• 2003-12-31Enforcement Action Data Entered
• 2004-09-27Supplemental Referral-Other
• 2006-06-30Referred To Dept Of Justice
• 2006-06-30Referred To Headquarters
• 2006-10-26Supplemental Referral-Adding parties, counts
• 2006-11-21Supplemental Referral-Adding parties, counts
• 2007-01-18Complaint Filed With Court
• 2007-01-19Final Order Lodged
• 2007-03-16Final Order Entered