EPA v. FOLCROFT LANDFILL

Case summary

On November 15, 2006, EPA signed an Administrative Order on Consent (AOC) with a group of 14 PRPs for them to conduct the RI/FS at the Folcroft Landfill part of the Lower Darby Creek Area Superfund Site. EPA negotiated this unique AOC that allows provate parties to conduct a RI/FS with EPA oversight on federal lands (the John Heinz National Wildlife Refuge that is managed by Fish and Wildlife Servie (FWS))> This AOC also incorporateds special language to make it a settlement agreement as a result of a Sukpereme Court decsion called United States vs. Availl. It is anticipated that this AOC will provide the participating PRPs the ability to late sue the nonparticipating PRPs for contribution to the RI/FS. It was critical that the PRPs agreed to perform the RI/FS at the Folcroft Landfill since EPA is prohibited from using its resources on federal land. The John Heinz National Wildlife Refuge, and FWS, the federal landowners, have limited resources to implement thier own RI/FS. The AOC includes a final FI/FS workplan as an appendix which will allow work to start immediately.

Defendants (15)

• FOLCROFT LANDFILLNamed in complaintNamed in settlement
• Waste Mngt Disposal Serv. of PA, Inc. f/k/a SCANamed in complaintNamed in settlement
• Rohm and Haas CompanyNamed in complaintNamed in settlement
• PECO Energy CompanyNamed in complaintNamed in settlement
• PPG Industries, Inc.Named in complaintNamed in settlement
• M.A. Bruder, Inc.Named in complaintNamed in settlement
• Kimberly Clark CorporationNamed in complaintNamed in settlement
• Wilbur C. Henderson, Jr./ Henderson Columbia CorpNamed in complaintNamed in settlement
• General Electric CompanyNamed in complaintNamed in settlement
• FMC CorporationNamed in complaintNamed in settlement
• E.I. duPont de Nemours and CompanyNamed in complaintNamed in settlement
• Delaware County Solid Waste AuthorityNamed in complaintNamed in settlement
• ConocoPhillips CompanyNamed in complaintNamed in settlement
• Browning-Ferris Industries, Inc.Named in complaintNamed in settlement
• The Boeing CompanyNamed in complaintNamed in settlement

Facilities (1)

• LOWER DARBY CREEK AREA - OU2 - FOLCROFT LANDFILL

  CALCON HOOK ROAD, FOLCROFT BOROUGH, PA, 19032

  Registry ID: 110028245575

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• FOLCROFT LANDFILLentered 2006-11-14

  Primary law: CERCLA

Timeline (2 milestones)

• 2006-11-14Final Order Issued
• 2006-12-04Enforcement Action Data Entered