EPA v. HERCULES, INC.

Case summary

EPA sent a referral to the Department of Justice (�DOJ�) requesting that DOJ file a civil action against Hercules, Inc., in the United States District Court for the Northern District of West Virginia in connection with Allegany Ballistics Laboratory Superfund Site (�ABL�). Pursuant to Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (�CERCLA�), Hercules is liable to the federal government for response costs at ABL, a Navy Installation specializing in the construction of solid-fuel rockets. Hercules operated the Site from the mid-1940s through the mid-1990s as a contractor to the Navy and caused significant contamination by a variety of waste disposal operations including disposing of wastes in an on-site landfill and in burn pits. Pursuant to CERCLA Section 120(e), the Department of the Navy is the lead agency for the purpose of CERCLA response at the Site. However, CERCLA Section 120(e) requires EPA to undertake numerous actions at federal facility National Priorities List (�NPL�) sites. ABL was listed on the NPL in May 1994. In undertaking its statutory role at this federal facility NPL site, EPA has incurred approximately $952,010.74 in costs. This referral joins a Navy cost recovery effort against Hercules.

Defendants (1)

• HERCULES, INC.Named in complaintNamed in settlement

Facilities (2)

• ALLEGANY BALLISTICS LABORATORY

  ROCKET CENTER, SHORT GAP, WV, 26753

  Registry ID: 110000345010

• ALLEGANY BALLISTICS LABORATORY

  ROCKET CENTER, SHORT GAP, WV, 26753

  Registry ID: 110000345010

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• HERCULES, INC.entered 2007-12-20

  Primary law: CERCLA

Timeline (7 milestones)

• 2006-09-27Referred To Headquarters
• 2006-09-27Information to DOJ
• 2006-09-27Referred To Dept Of Justice
• 2006-10-05Enforcement Action Data Entered
• 2007-10-31Complaint Filed With Court
• 2007-10-31Final Order Lodged
• 2007-12-20Final Order Entered