EPA v. AIR PRODUCTS & CHEMICAL, INC ET AL

Case summary

On or about September 30, 2004, Region III referred to DOJ a proposed Remedial Design/Remedial Action Consent Decree ( CD ) which resolves the United States' claims under Sections 106 and 107 of CERCLA against Air Products and Chemicals, Inc. et al. (40 Settling Defendants have executed this CD). Under the terms of the CD, the Settling Defendants agree to finance and perform the remedial action selected by Region III for OU3 at the Site. In consideration thereof, the Settling Defendants will receive a covenant not to sue under Sections 106 and 107(a) of CERCLA, as well as related contribution protection. According to the Record of Decision, the projected cost of this remedial action is approximately $23.5 million dollars. As part of this settlement, the Settling Defendants will also receive up to $185,000 from the Site Disbursement Special Account upon EPA's approval of certain work milestones. Additionally, the United States will agree to forgo collection of approximately $1.3 million in past response costs and future oversight costs. This settlement, in combination with previous agreements and orders, will result in the recovery of approximately 97% of all recoverable costs associated with the Site. In conjunction with this referral, and through the independent exercise of its administrative authority, Region III has also executed and issued Settling Defendants an Administrative Order on Consent for Remedial Design ( Order ), which will become effective on or about October 1, 2004. The purpose of this Order is to allow Settling Defendants to begin the Remedial Design work immediately, a opposed to having to wait for lodging and entry of the CD

Defendants (43)

• AGERE SYSTEMS, INCNamed in complaintNamed in settlement
• AIR PRODUCTS AND CHEMICALS, INCNamed in complaintNamed in settlement
• API FOILS, INCNamed in complaint
• BASF CORPORATIONNamed in complaintNamed in settlement
• BAYER CROPSCIENCE INCNamed in complaintNamed in settlement
• INTERNATIONAL BUSINESS MACHINES CORPORATIONNamed in complaintNamed in settlement
• MARISOL, INCNamed in complaintNamed in settlement
• MARYLAND SAND, GRAVEL & STONE COMPANYNamed in complaintNamed in settlement
• MBH CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• MCKESSON CORPORATIONNamed in complaintNamed in settlement
• MERCK & CO., INCNamed in complaintNamed in settlement
• NORTHROP GRUMMAN SYSTEMSNamed in complaintNamed in settlement
• BRIDGESTONE/FIRESTONE NORTH AMERCIA TIRE, LLCNamed in complaintNamed in settlement
• OMEGA PROTEIN, INCNamed in complaintNamed in settlement
• PHARMACIA CORPORATIONNamed in complaintNamed in settlement
• PPG INDUSTRIES, INCNamed in complaintNamed in settlement
• SCHERING-PLOUGH CORPORATIONNamed in complaintNamed in settlement
• SPC ENTERPRISES, INCNamed in complaintNamed in settlement
• TECHNICOLOR, INCNamed in complaintNamed in settlement
• BOC GROUP, INCNamed in complaintNamed in settlement
• FRANKLIN MINTNamed in complaintNamed in settlement
• 3M COMPANYNamed in complaintNamed in settlement
• UNION CARBIDE CORPORATIONNamed in complaintNamed in settlement
• V IACOM, INC.Named in complaintNamed in settlement
• W.L. GORE & ASSOCIATESNamed in complaintNamed in settlement
• …and 18 more

Facilities (1)

• MARYLAND SAND GRAVEL & STONE SITE

  64 EPHRATA AVE, ELKTON, MD, 21921

  Registry ID: 110003541711

Statutes cited

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

Enforcement conclusions (1)

• AIR PRODUCTS & CHEMICAL, INC ET ALentered 2005-06-29

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-09-30Referred To Dept Of Justice
• 2004-10-04Enforcement Action Data Entered
• 2005-04-07Final Order Lodged
• 2005-04-07Complaint Filed With Court
• 2005-06-29Final Order Entered