EPA v. NEWELL HOLDINGS DELAWARE, INC.

Case summary

On February 16, 2010, U.S. District Court Judge Frederick P. Stamp of the N.D. W. Va. signed a Consent Decree that will resolve the United States’ CERCLA cost recovery claim against Newell Holdings Delaware, Inc., one of two defendants in the case U.S. v. Newell Holdings Delaware, Inc. and Rock Springs Enterprises, Inc. The Court also entered a judgment in favor of the United States and against Newell on February 17, 2010. The case concerns the 8th and Plutus Streets Pottery Superfund Site in Chester, Hancock County, West Virginia. The United States has incurred nearly $1.4 million in Site-related response costs. Under the Consent Decree, Newell will pay the United States to settle the government’s claims under Section 107 of CERCLA. To date, Newell has spent funds in connection with a removal action at the Site that it has been performing under an amended administrative consent order. When it meets its payment obligations under this settlement, Newell will have contributed about 86% of total Site costs. Newell and its predecessor operated a pottery-manufacturing facility at the Site for several decades. As a result of their operations, ceramic waste and related debris were disposed of at the Site. The ceramic waste, other related debris, and on-Site soils are contaminated with lead and other hazardous substances associated with pottery manufacturing. A small area of the Site has also been contaminated by PCBs. The United States filed its lawsuit on December 18, 2007, to preserve its claims against Newell, a dissolved Delaware corporation. On January 27, 2010, the United States lodged a Consent Decree that would resolve its claims against Rock Springs Enterprises, Inc., the other defendant in the case and the current owner of the Site.

Defendants (3)

• HANS DIETZ APARTMENTS LLP
• ROCK SPRINGS ENTERPRISES, INC.Named in complaintNamed in settlement
• NEWELL HOLDINGS DELAWARE, INC.(SB)Named in complaintNamed in settlement

Facilities (1)

• 8TH AND PLUTUS STREETS' POTTERY SITE

  8TH & PLUTUS STREETS, CHESTER, WV, 26034

  Registry ID: 110022450006

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• ROCK SPRINGS ENTERPRISES, INCentered 2010-03-23

  Primary law: CERCLA

• NEWELL HOLDINGS DELAWRE, INC.entered 2010-02-17

  Primary law: CERCLA

Timeline (6 milestones)

• 2007-09-28Referred To Headquarters
• 2007-09-28Referred To Dept Of Justice
• 2007-10-07Enforcement Action Data Entered
• 2007-12-18Complaint Filed With Court
• 2010-01-27Final Order Lodged
• 2010-03-23Final Order Entered