EPA v. LUCENT TECHNOLOGIES, ET AL

Case summary

THIS IS A REQUEST FOR ASSISTANCE FROM DOJ IN NEGOTIATING AN RD/RA CONSENT DECREE. THE KANE AND LOMBARD SITE IS THE LOCATION OF A FORMER LAND FILLING BUSINESS THAT COMMENCED OPERATION IN THE EARLY 1960'S NEAR THE INTERSECTION OF KANE STREET AND NORTH POINT BOULEVARD IN BALTIMORE, MARYLAND. AT SOME POINT IN THE MID- TO LATE 1960'S, THE LANDFILL EXPANDED TO THE SOUTH BELOW WHAT LATER BECAME LOMBARD STREET. SUBSEQUENTLY, THE PARCELS COMPRISING THE LANDFILL NORTH OF LOMBARD STREET WERE SOLD AND DEVELOPED. THE PORTION OF THE LANDFILL SOUTH OF LOMBARD STREET IS OPERABLE UNIT NO. 1 ( OU1 ) OF THE SITE. EPA ISSUED A RECORD OF DECISION SELECTING REMEDIAL ACTION FOR IMPLEMENTATION AT OU1 IN SEPTEMBER 1987. IN AGUUST 1989, EPA REFERRED CLAIMS AGAINST SEVERAL POTENTIALLY RESPONSIBLE PARTIES FOR COST RECOVERY AND IMPLEMENTATION FOR THE OU1 REMEDIAL ACTION. IN OCTOBER 1987, THE UNITED STATES FILES AN ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND AGAINST THESE PARTIES. THE STATE OF MARYLAND FILED ITS OWN COMPLAINT AGAINST THE SAME PARTIES. THE ANMED DEFENDANTS ADDED 17 THIRD-PARTY DEFENDANTS. EXTENSIVE DISCOVERY WAS TAKEN IN THE MATTER. A GLOBAL SETTLEMENT WAS REACHED WITH FOUR ORIGINAL DEFENDANTS AND SIXTEEN THIRD-PARTY DEFENDANTS IN 1995. THROUGH THIS GLOBAL SETTLEMENT EPA SECURED A PRIVATE-LEAD REMEDIAL ACTION AND SIGNIFICAN COST RECOVERY. IN ADDITION TO THE GLOBAL SETTLEMENT, THE UNITED STATES SECURED SETTLEMENTS WITH THE SITE OWNERS AND WITH A HAULER WHO DID NOT PARTICIPATE IN THE GLOBAL SETTLEMENT (THESE PARTIES RECEIVED COVENANTS FOR PAST AND FUTURE SITE COSTS). OPERABLE UNIT NO. 2( OU2 ) OF THE SITE CONSISTS OF THE REMAINDER OF THE LANDFILL AND GROUDNWATER IMPACTED BY THE ENTIRE LANDFILL. IN JULY 2002, A REMEDIAL INVESTIGATION/FEASIBILITY STUDY WAS COMPLTED FOR OU2 UNDER A 1993 ADMINISTRATIVE CONSENT ORDER BY AT&T TECHNOLOGIES, BALTIMORE GAS & ELECTRIC, BROWNING-FERRIS, AND GENERAL MOTORS CORPORATION. EPA ISSUED A PROPOSED REMEDIAL ACTION PLAN IDENTIFYING THE AGENCY'S PREFERRED REMEDIAL ALTERNATIVE ON DEVEMBER 20, 2002. EPA ISSUED A RECORD OF DECISION SELECTING REMEDIAL ACTION FOR IMPLEMENTATION AT OU2 ON SEPTEMBER 30, 2003. THE REMEDIAL ACTION SELECTED FOR IMPLEMENTATION INVOLVES TREATMENT OF THE GROUDWATER USING ENHANCED REDUCTIVE DECHLORINATION AND INSTITUTIONAL CONTROLS TO LIMIT USE OF GROUNDWATER AND TO RESTRICT SOIL EXCAVATION IN A FEW AREAS. THE PRESENT WORHT OF THE REMEDIATION IS APPROXIMATELY $7,345,000 ($3,454,000 IN CAPITAL COSTS AND $484,000/YEAR IN OPERATION AND MAINTENANCE FOR THIRTY YEAR

Defendants (13)

• LUCENT TECHNOLOGIES, INCNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in settlement
• BALTIMORE GAS AND ELECTRIC COMPANYNamed in settlement
• BROWNING-FERRIS, INCNamed in complaintNamed in settlement
• GLHI, LLCNamed in settlement
• REGESTER PHOTO SERVICES, INCNamed in settlement
• BALTIMORE, CITY OFNamed in settlement
• 320 NORTH POINT ROAD CORPORATIONNamed in settlement
• LUCNET TECHNOLOGIES,INC.Named in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• CONSTELLATION POWER SOURCE GENERATION, INC.Named in complaintNamed in settlement
• AK STEELNamed in complaintNamed in settlement
• Nokia of America CorporationNamed in complaintNamed in settlement

Facilities (1)

• KANE & LOMBARD STREET DRUMS

  KANE & LOMBARD STS, BALTIMORE, MD, 21224

  Registry ID: 110009290908

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• KANE AND LOMBARD STREET SITE OU-2entered 2006-11-03

  Primary law: CERCLA

• LUCENT TECHNOLOGIES, ET ALentered 2006-11-03

  Primary law: CERCLA

Timeline (6 milestones)

• 2003-12-30PRN Sent
• 2004-01-05Enforcement Action Data Entered
• 2006-05-04Final Order Lodged
• 2006-05-04Complaint Filed With Court
• 2006-11-03Final Order Entered
• 2024-09-04Supplemental Referral-Adding parties, counts