EPA v. RICHARD BAREFOOT, ET. AL.

Case summary

On February 23, 2011, the Regional Administrator signed a CERCLA §107 Consent Decree for the recovery of Response Costs resolving the liability of SKF USA Inc., Crane Co., and Osram Sylvania, Inc. in connection with the Barefoot Disposal Site (“Site”) located on Catfish Ridge, south of Hollidaysburg, Blair County, Pennsylvania. The Decree also provides a covenant not to sue and contribution protection to entities associated with Osram’s acquisition of GTE Products Corporation, a work party at the Site, to the extent any relevant liabilities of Osram extend to them. Following the Third Circuit’s reversal of the U.S. v. Rohm & Haas Co., 2 F.3d 1265 (3d Cir. 1993) decision in U.S. v. E.I. DuPont De Nemours and Company, 432 F. 3d 161 (3d Cir. 2005), EPA referred this matter to DOJ on September 28, 2007, for the recovery of removal oversight costs. After unsuccessful settlement negotiations, DOJ filed a complaint in this matter on June 22, 2009, in the U.S. District Court for the Western District of Pennsylvania (C.A. No. 3:09-cv-00174) and filed an amended complaint, adding Osram as a defendant, on November 14, 2009. The parties reached an agreement in principle for this settlement after a two-day mediation in June 2010. The Decree will resolve the liability of the Settlers for EPA’s past response costs and for specific future response costs. The Settlers have agreed to pay $575,000.00 to the United States for response costs, which include the following: (1) past response costs that EPA has paid, plus interest, in connection with the Site through May 20, 2010, for oversight and other response activities; (2) costs incurred by EPA before May 20, 2010, but paid after that date; (3) future response costs that EPA has incurred or will incur in connection with the Site after May 20, 2010 for response actions relating to site assessment until EPA finalizes a remedial site assessment decision; (4) future response costs associated with oversight of several unilateral administrative orders issued by EPA in the 1990s and under which removal response is projected to continue until 2026; and (5) costs associated with prosecuting this matter, except for costs associated with enforcing the Decree. The Settlers will continue to finance and conduct ongoing removal response activities at the Site pursuant to the administrative orders. This settlement specifically excludes the United States’ potential costs associated with the CERCLA remedial process, should EPA’s site assessment result in a proposal to list the Site on the National Priorities List, and costs associated with any future administrative orders (if necessary).

Defendants (7)

• RICHARD BAREFOOT
• MILLENNIUM INC.
• BRC PROPERTIES, INC
• SKF USA, INCNamed in complaintNamed in settlement
• CRANE COMPANYNamed in complaintNamed in settlement
• OSRAM SYLVANIA INCNamed in complaintNamed in settlement
• VERA BAREFOOT

Facilities (1)

• BAREFOOT DISPOSAL

  CATFISH RIDGE, HOLLIDAYSBURG, PA, 16648

  Registry ID: 110009344085

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SKF USA INC., CRANE CO., OSRAM SYLVANIA, INC.entered 2011-04-11

  Primary law: CERCLA

Timeline (8 milestones)

• 2007-09-28Referred To Headquarters
• 2007-09-28Enforcement Action Data Entered
• 2007-09-28Referred To Dept Of Justice
• 2007-09-28Referred TO U.S. Attorney
• 2009-06-22Complaint Filed With Court
• 2009-11-10Amended Complaint
• 2011-02-25Final Order Lodged
• 2011-04-11Final Order Entered