EPA v. CONEXANT SYSTEMS, INC., ET AL.

Case summary

On February 18, 2010, following a mandatory thirty-day public comment period, the United States moved to enter a Consent Decree that will settle the case United States v. Highview Gardens, Inc. (Civil Action No. 2:09-CV-02827-PD). On February 23, 2010, Judge Paul Diamond on the U.S. District Court for the Eastern District of Pennsylvania signed and entered the Consent Decree. The government’s case was brought under Sections 107 and 113 of CERCLA in June 2009 and concerns the United States’ cost recovery claim at the Recticon/Allied Steel Superfund Site in Parker Ford, East Coventry Township, Chester County, Pennsylvania. The settling defendant Highview Gardens, Inc. owned a portion of the Site when TCE and other hazardous substances were disposed of there. From 1974-1981, Highview leased its Site property to Recticon Corporation which manufactured silicon wafers there. Recticon’s manufacturing process produced various waste streams that included spent solvents containing TCE and other hazardous substances. The Site was placed on the NPL in 1989. Recticon’s parent Rockwell International Corporation and Rockwell’s successor Conexant Systems, Inc. have performed a remedial action at the Site under an administrative order. Highview is also a respondent to that order, but has not previously contributed toward the costs of the Site’s clean-up. Under the Consent Decree, Highview agreed to settle the United States’ claim. With this settlement, potentially responsible parties will have paid more than 88% of total Site-related response costs. The United States settled its response cost claims against Conexant and Rockwell in a 2006 consent decree.

Defendants (4)

• ALLIED STEEL PRODUCTS CORP (SB)
• CONEXANT SYSTEMS, INCNamed in settlement
• HIGHVIEW GARDENS, INC (SB)Named in settlement
• WELLSFORD, INC (SB)Named in complaintNamed in settlement

Facilities (2)

• RECTICON ALLIED STEEL

  RT 724 WELLS RD, PARKER FORD, PA, 19457

  Registry ID: 110010626340

• RECTICON ALLIED STEEL

  RT 724 WELLS RD, PARKER FORD, PA, 19457

  Registry ID: 110010626340

Statutes cited

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

Enforcement conclusions (3)

• WELLSFORD, INCentered 2005-09-22

  Primary law: CERCLA

• CONEXANT SYSTEMS, INC., ET AL.entered 2006-08-24

  Primary law: CERCLA

• HIGHVIEW GARDEN, INCentered 2010-02-23

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-06-02Referred To Dept Of Justice
• 2004-06-04Enforcement Action Data Entered
• 2005-08-04Complaint Filed With Court
• 2010-01-04Final Order Lodged
• 2010-02-23Final Order Entered