EPA v. OCCIDENTAL CHEMICAL CORPORATION

Case summary

On November 15, 2011, the United States filed a Complaint against Occidental Chemical Corporation, Glenn Springs Holdings, Inc., and Bridgestone Americas Tire Operations, L.L.C., the current and former owners or operators of the Occidental Chemical Corporation Superfund Site in Lower Pottsgrove Township, Montgomery County, PA. Along with the Complaint, the United States lodged a Consent Decree that, when entered, will resolve the government’s claims under Sections 107 and 113 of CERCLA against the Settling Defendants, who have agreed to pay EPA $2,130,600.88 for its past response costs and 100% of the Agency’s future response costs. Settling defendant Occidental Chemical Corporation (f/k/a Hooker Chemical & Plastics Corp.) currently owns the Site and manufactured polyvinyl chloride (“PVC”) plastic resins there from 1980 to 2005. Occidental purchased the Site from Firestone Tire & Rubber Company, who manufactured tires and PVC there from approximately 1945 to 1980. Settling defendant Bridgestone Americas Tire Operations, L.L.C. (“BATO”) is the ultimate successor by merger to Firestone. Settling defendant Glenn Springs Holdings, Inc., a corporate affiliate of Occidental, is the current operator of the Site. Glenn Springs assumed management of the Site in 2005 after OxyChem shutdown its PVC-manufacturing facility. EPA placed the Site on the National Priorities List in 1989 and issued a ROD in 1993 to address unsafe levels of trichloroethylene (“TCE”), vinyl chloride, and other hazardous substances that have been released at the Site as a result of OxyChem’s and Firestone’s operations there. Occidental has been performing the remedial action at the Site pursuant to a 1994 administrative order and completed construction of the remedial action in 2008. The United States has previously reached two settlements in connection with the Site. In 1997, Occidental paid the United States $181,416.42, to settle the government’s initial cost-recovery claim under CERCLA. In 2000, the United States paid Occidental $1.8 million to settle a contribution action brought by Occidental and Firestone’s successor Bridgestone/Firestone, Inc. in connection with the government’s potential liability under Section 107(a)(2) of CERCLA as a former owner of the Site.

Defendants (3)

• GLEN SPRINGSNamed in complaintNamed in settlement
• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• BRIDGESTONE AMERICAS TIRE OPERATIONS, LLCNamed in complaintNamed in settlement

Facilities (1)

• OCCIDENTAL CHEMICAL CORPORATION

  375 ARMAND HAMMER BOULEVARD, POTTSTOWN, PA, 19464-0699

  Registry ID: 110000337895

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OCCIDENTAL CHEMICAL CORPORATIONentered 2012-01-04

  Primary law: CERCLA

Timeline (7 milestones)

• 2009-09-25Referred To Dept Of Justice
• 2009-09-30Enforcement Action Data Entered
• 2011-10-08Supplemental Referral-Adding parties, counts
• 2011-11-15Complaint Filed With Court
• 2011-11-15Final Order Lodged
• 2012-01-04Final Order Entered
• 2012-01-04Concluded