EPA v. SOLUTIA, INC, IN RE (NATIONAL CASE)

Case summary

The attached letter referral requests, through the Office of Site Remediation Enforcement, that the Department of Justice file a proof of claim incorporating the following claims for the seven Superfund Sites as well as taking appropriate steps to preserve Region III??s ability to require Solutia to perform response actions and corrective action at the two RCRA facilities. These claims include approximately $366,210.40 of unreimbursed past response costs incurred in connection with the Heizer Creek Site and an estimated $1.3 million of future response costs for this Site. At the Solutia, Inc./AES Monsanto Site, $1,429.09 of unreimbursed past response costs have been incurred in connection with this Site. At the Fike/Artel Chemical Superfund Site, potentially responsible parties have established a trust fund to finance performance of the remedial work at the Site. Solutia is a grantor of this trust and estimates that $2.6 million of future response costs represents its volumetric allocation in connection with the Site. At the Spectron Superfund Site, EPA has incurred approximately $2.2 million in past response costs and estimates that $32.4 million of future response costs will be incurred at the Spectron Site. EPA has incurred approximately $538,387 of unreimbursed past response costs and estimates $800,000 of future response costs to be incurred at the Maryland Sand, Gravel, and Stone Site. EPA has incurred $648,215.64 in unreimbursed response costs and estimates that $25 million of future response costs will be incurred in connection with the Central Chemical Site. Finally, EPA has incurred $638,973.68 in unreimbursed past response costs in connection with the Kanawha River Site. EPA will also incur future response costs in connection with this Site. Since EPA may not select a response action for the Site until after the completion of an Engineering Evaluation and Cost Analysis, a valuation of such costs will not be available until that time.

Defendants (1)

• SOLUTIA, INCNamed in complaintNamed in settlement

Facilities (7)

• SOLUTIA/FLEXSYS

  1 MONSANTO ROAD, NITRO, WV, 25143-2526

  Registry ID: 110000344208

• CENTRAL CHEMICAL (HAGERSTOWN)

  MITCHELL AVE, HAGERSTOWN, MD, 21742

  Registry ID: 110009280214

• MARYLAND SAND GRAVEL & STONE SITE

  64 EPHRATA AVE, ELKTON, MD, 21921

  Registry ID: 110003541711

• FIKE CHEMICALS INC

  PLANT RD WEST, 19TH ST, NITRO, WV, 25143

  Registry ID: 110007875353

• SPECTRON INCORPORATED

  111 PROVIDENCE ROAD, ELKTON, MD, 21921

  Registry ID: 110001767268

• ABCA WAREHOUSE HUB INDUSTRIAL PARK

  97 INDEPENDENCE AVENUE, NITRO, WV, 25143

  Registry ID: 110042353707

• KANAWHA RIVER SITE

  M.P. 32-66, NITRO, WV, 25143

  Registry ID: 110009319255

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SOLUTIA, INC, IN RE (NATIONAL CASE)entered 2007-11-29

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-09-29Referred To Dept Of Justice
• 2004-09-30Enforcement Action Data Entered
• 2004-11-30Complaint Filed With Court
• 2007-11-29Final Order Entered
• 2007-11-29Final Order Lodged