EPA v. CHEMTURA CORP, IN RE (NATIONAL CASE)(LEAD)

Case summary

The Settlement Agreement (Agreement) entered in this matter resolves Chemtura Corporation’s liability in connection with the Central Chemical, Delaware Sand & Gravel, Halby Chemical, and Stoney Creek Technologies Sites in Region III, as well as thirteen (13) other EPA sites. The Agreement was negotiated after DOJ filed Proofs of Claim in connection with all the sites in the United States Bankruptcy Court in the Southern District of New York. The Proofs of Claim filed on behalf of Region III requested recovery of response costs incurred and to be incurred in connection with the Central Chemical and Stoney Creek Technologies Sites, enforcement of two (2) Consent Decrees requiring payment of EPA’s future costs in connection with the Delaware Sand & Gravel and Halby Sites, and recovery of civil penalties and punitive damages resulting from Chemtura’s violation of two administrative orders issued in connection with the Stoney Creek Technologies Site. The claims arise under Sections 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. The Agreement will become effective upon approval of Chemtura’s Plan of Reorganization which is expected to occur on or about October 15, 2010.

Defendants (1)

• CHEMTURA CORPORATIONNamed in complaintNamed in settlement

Facilities (6)

• DELAWARE SAND & GRAVEL SUPERFUND SITE

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

• STONEY CREEK TECHNOLOGIES LLC

  3300 W 4TH ST, TRAINER, PA, 19061-5112

  Registry ID: 110001064945

• DELAWARE SAND & GRAVEL SUPERFUND SITE

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

• ORDNANCE WORKS DISPOSAL

  1000 DUPONT ROAD, MORGANTOWN, WV, 26507

  Registry ID: 110010582244

• HALBY CHEMICAL

  600 TERMINAL AVENUE, NEW CASTLE, DE, 19720

  Registry ID: 110006817007

• CENTRAL CHEMICAL (HAGERSTOWN)

  MITCHELL AVE, HAGERSTOWN, MD, 21742

  Registry ID: 110009280214

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• RCRA 3008H — Interim Status Corrective Action Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CHEMTURA CORP, IN RE (NATIONAL CASE)entered 2010-09-17

  Primary law: CERCLA

  Federal penalty: $8,137,500

Timeline (7 milestones)

• 2009-06-19Referred To Dept Of Justice
• 2009-06-29Enforcement Action Data Entered
• 2009-08-12Supplemental Referral-Other
• 2009-09-30Supplemental Referral-Adding parties, counts
• 2009-10-29Complaint Filed With Court
• 2010-08-24Final Order Lodged
• 2010-09-17Final Order Entered