EPA v. AVCO LYCOMING SUPERFUND SITE

Case summary

As a result earlier litigation, the United States and the Defendant entered into a Partial Consent Decree, which was enered by the Court on March 26, 2001. That settlement resolved Past Response Costs paid by the United States and resulted in payment of $461,500.00 to the United States. Avco also agreed to pay Future Response Costs (the dfinition of which excluded Oversight Costs). The consent Decree specfically reservd the right of the United States to pursue recovery of Oversight Costs not reimbursed by Defendant due to the decision in KUnited States v. Rohm & Haas Co. EPA Region III is n ow requesting that DOJ initiate a subsequent action against Avco pursuant to Section 107 of CERCLA, for recovery of outstanding oversight cost of approximately $350,575.66 incurred by EPA through August 30, 2006. This figure includes pre-judgement interest of approximately $120,989.25 on costs at the Site from the Aukgust 20, 1991 issuance of a special notic/demand leter through August 30, 2006. EPA also requested that this action include a declaratory judgement on liability for all furture response costs, including oversight Costs, associated with the Site pursuant to Section 113 of CERCLA.

Defendants (1)

• AVCO CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• AVCO LYCOMING SUPERFUND SITE

  652 OLIVER STREET, WILLIAMSPORT, PA, 17701

  Registry ID: 110037239878

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AVCO LYCOMING SUPERFUND SITEentered 2008-08-25

  Primary law: CERCLA

Timeline (6 milestones)

• 2006-09-21Referred To Headquarters
• 2006-09-21Referred To Dept Of Justice
• 2006-10-07Enforcement Action Data Entered
• 2008-06-18Complaint Filed With Court
• 2008-06-18Final Order Lodged
• 2008-08-25Final Order Entered