EPA v. JP MORGAN CHASE BANK, N.A.

Case summary

ON SEPTEMBER 28, 2011, EPA AND JPMORGAN CHASE BANK, N.A. AGREED TO AMEND AN ADMINISTATIVE SETTLEMENT AGREEMENT AND CONSENT ORDER FOR A REMOVAL ACTION UNDER CERCLA AT THE BROWNING LUMBER COMPANY SUPERFUND SITE IN BOONE COUNTY, WEST VIRGINIA. THE ORIGINAL SETTLEMENT AGREEMENT WAS ISSUED ON JANUARY 17, 2007. BROWNING LUMBER COMPANY FORMERLY USED THE SITE AS A WOOD-TREATMENT FACILITY AND UTILIZED CHROMATED COPPER ARSENATE IN ITS OPERATIONS. BROWNING LUMBER LEASED THE FACILITY FROM JPMORGAN CHASE BANK, WHO WAS THE TRUSTEE OF A LAND TRUST THAT WAS THE BENEFICIAL OWNER OF THE SITE PROPERTY. AS A RESULT OF BROWNING LUMBER'S DECADES-LONG WOOD-TREATMENT OPERATIONS AT THE SITE, GROUND WATER, SOILS, SEDIMENTS, AND ABANDONED PORTIONS OF THE FACILITY ITSELF WERE HEAVILY CONTAMINATED BY ARSENIC AND OTHER HAZARDOUS SUBSTANCES. WITH EPA OVERSIGHT, JPMORGAN CHASE HAS BEEN PERFORMING A REMOVAL ACTION AT THE SITE. UNDER THE JUST-SIGNED AMENDMENT, TE PARTIES HAVE AGREED TO MODIFY THE CLEAN-UP LEVEL REQUIRED FOR ARSENIC IN GOUNDWATER AT THE SITE FROM 4 UG/L TO 10 UG/L, WHICH IS THE WEST VIRGINIA DE MINIMIS GROUNDWATER STANDARD FOR ARSENIC AND THE EPA MAXIMIUM CONTAINMENT LEVEL FOR ARSENIC IN GROUNDWATER. IN COOPERATION WITH THE CURRENT SITE OWNER, JPMORGAN CHASE WILL BE ENROLLING THE SITE INTO THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PORTECTION VOLUNTARY REMEDIATION PROGRAM. UNDER THAT VOLUNTARY PROGRAM, THE USE OF GROUNDWATER AT THE SITE FOR DRINKING PURPOSES WILL BE PROHIBITED.

Defendants (1)

• JP MORGAN CHASE BANK, N.A.Named in settlement

Facilities (1)

• BROWNING LUMBER CO, INC

  RT 85 NEAR ROCK LICK CREEK, BALD KNOB, WV, 25208

  Registry ID: 110007875843

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• JP MORGAN CHASE BANK, N.A.entered 2007-01-17

  Primary law: CERCLA

• JP MORGAN CHASE BANK, N.A.entered 2011-09-28

  Primary law: CERCLA

Timeline (2 milestones)

• 2007-02-05Enforcement Action Data Entered
• 2011-09-28Final Order Issued