EPA v. RUTGERS ORGANIC CORP

Case summary

ON SEPTEMBER 24, 2010, THE REGIONAL ADMINISTRATOR FOR REGION 3 SENT A DIRECT REFERRAL WITH A PROPOSED CONSENT DECREE, UNITED STATES OF AMERICA AND COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION V. RUTGERS ORGANIC CORPORATION TO THE DEPARTMENT OF JUSTICE (DOJ), RESOLVING THE LIABILITY OF RUTGERS ORGANICS CORPORATION (ROC) WITH RESPECT TO THE CENTRE COUNTY KEPONE SUPERFUND SITE, COLLEGE TOWNSHIP, CENTRE COUNTY, PENNSYLVANIA. ROC AGREED TO SETTLE ITS LIABILITY PURSUANT TO SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT, AS AMENDED, 42 U.S.C. SECTION 9601 ET SEQ., (CERCLA). UNDER THE PROPOSED SETLEMENT, ROC AGREES TO: 1) IMPLEMENT THE RECORD OF DECISION FOR OPERABLE UNIT TWO (JULY 2009) HAVE A PRESENT WORTH COST OF $803,000 AND $107,000 FOR OPERATION AND MAINTENANCE; 2) REIMBURSE 100% OF THE UNITED STATES' PAST COST IN THE AMOUNT OF $136,331.98; 3) PAY ALL FUTURE RESPONSE COSTS; 4) COMMENCE THE WORK PURSUANT TO AN EARLY ACTION SETTLEMENT AGREEMENT; AND, 5)REIMBURSE PADEPs RESPONSE COSTS. THIS SETTLEMENT REPRESENTS A 100% SETTLEMENT OF THE SITE-WIDE COSTS. ADDITIONALLY, THE COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, IS A CO-PLAINTIFF WITH RESPECT TO THIS MATTER. THE SITE CONSIST OF AN APPROXIMATE THIRTY-FIVE ACRE PARCEL HOUSING THE RUTGERS ORGANICS CORPORATION, A FORMER CHEMICAL MANUFACTURING PLAN AND A PORTION OF THE SPRING CREED WATERSHED. TWO ORGANIC COMPOUNDS WHICH WERE MANUFACTURED AS CUSTOM PRODUCTS AT THE FACILITY ARE KEPONE (CHLODECONE) AND MIREX (DODECACHLOROPENTACYCLODECANE). VOLATILE ORGANIC COMPOUNDS (VOCs) WERE DETECTEED IN SURFACE, SUB-SURFACE AND GROUNDWATER MONITORING WELLS. KEPONE AND MIREX HAVE BEEN DETECTED IN THE SEDIMENT AND FISH OF SPRING CREEK.

Defendants (1)

• RUTGERS ORGANIC CORPORATION (SB)Named in complaintNamed in settlement

Facilities (3)

• CENTRE COUNTY KEPONE

  201 STRUBLE RD, STATE COLLEGE, PA, 16801

  Registry ID: 110000332319

• CENTRE COUNTY KEPONE

  201 STRUBLE RD, STATE COLLEGE, PA, 16801

  Registry ID: 110000332319

• CENTRE COUNTY KEPONE

  201 STRUBLE RD, STATE COLLEGE, PA, 16801

  Registry ID: 110000332319

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• RUTGERS ORGANIC CORPentered 2011-03-08

  Primary law: CERCLA

Timeline (6 milestones)

• 2010-09-24Referred To Dept Of Justice
• 2010-10-08Enforcement Action Data Entered
• 2010-10-12Complaint Filed With Court
• 2010-10-12Final Order Lodged
• 2011-03-08Concluded
• 2011-03-08Final Order Entered