EPA v. BEAR ISLAND PAPER COMPANY, LLC

Case summary

On March 5, 2007, EPA commenced and settled an action under Section 109 of CERCLA with the signing of a Super Consent Agreement and accompanying Final Order (SuperCAFO) with Bear Island Paper Company, LLC ( Bear Island ), of Ashland, Virginia. Bear Island Paper violated section 103(a) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended, (CERCLA), 42 U.S.C. subsection 9603(a), by failing to immediately report a release of approximately 52,356 pounds of sodium hydroxide at the facility to the National Response Center. The release occurred inthe process of unloading the caustic from a railcar when a coupling hose failed. The containment area was not large enoough to contain the spill, and the sump pump failed. The facility has subsequently rebuilt its containment structure to hold the capacity of any railcar delivery. Insettlement of this matter, Bear Island has agreed to pay EPA a penalty of $12,954.20, and to purchase $15,800.00 worth of emergency response equipment for the Handover Fire Department, the Local Emergency Response committee. All issues addressed in the SuperCAFO have been resolved.

Defendants (1)

• BEAR ISLAND PAPER COMPANY, LLCNamed in complaintNamed in settlement

Facilities (9)

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

• BEAR ISLAND PAPER COMPANY WB, LLC

  10026 OLD RIDGE RD., ASHLAND, VA, 230055119

  Registry ID: 110000341559

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

• BEAR ISLAND PAPER COMPANY, LLCentered 2007-03-05

  Primary law: CERCLA

  Federal penalty: $12,954 · SEP: $12,640

Timeline (3 milestones)

• 2007-03-05Final Order Issued
• 2007-03-05Complaint Filed/Proposed Order
• 2007-03-06Enforcement Action Data Entered