EPA v. WASHINGTON GAS LIGHT

Case summary

THIS CONSENT DECREE ADDRESSES THE WGL SITE, WHICH COMPRISES TWO PARCELS. ONE PARCEL, IMMEDIATELY BORDERING THE ANACOSTIA RIVER, IS LARGELY OWNED BY THE DISTRICT OF COLUMBIA (DC), TO WHICH THE PARCEL WAS TRANSFERRED BY ITS PRIOR OWNER, THE DEPARTMENT OF INTERIOR (DOI) IN 2007 (DC/NPS PARCEL). (A SMALL PORTION OF THE DC/NPS PARCEL IS OWNED BY THE U.S. ARMY CORP OF ENGINEERS). ANOTHER PART OF THE SITE IS OWNED BY WGL (WGL EAST STATION PARCEL). WGL IS A POTENTIALLY RESPONSBILE PARTY AT THE SITE BECAUSE (1) IT IS A CURRENT OWNER OF THE WGL. EAST STATION PARCEL, AND (2) IT IS RESPONSIBLE FOR THE CONTAMINATION OF THE WGL EAST STATION PARCEL AS WELL AS ON THE DC/NPS PARCEL. SIGNATORIES TO THE PROPOSED CONSENT DECREE INCLUDE THE UNITED STATES (NPS AND EPA), DC, AND WGL. UNDER THE TERMS OF THE CD, WGL WILL IMPLEMENT NPS's 2006 ROD FOR THE DC/NPS PARCEL, WHICH INCLUDES REMOVAL OF CONTAMINATED SOILS; AN ASSESSMENT AND (IF NECESSARY) SUPPLEMENTATION OF THE CURRENTLY OPERATING GROUNDWATER PUMP-AND-TREATMENT SYSTEMS; IMPOSITION OF INSTITUTIONAL CONTROLS; AND AN RI/FS OF THE SEDIMENTS IN THE ANACOSTIA RIVER ADJACENT TO THE DC/NPS PARCEL. ADDITIONALLY WGL WILL REIMBURSE EPA FOR PAST COST TO THE AGENCY INCURRED THROUGH MARCH, 2011 FOR THE SITE AS A WHOLE. WGL WILL ALSO REIMBURSE NPS AND DC A PORTION OF THEI RESPECTIVE PAST COSTS. FINALLY, WGL WILL REIMBUSE FUTURE COSTS OF NPS, EPA AND DC AT THE SITE. NPS IS EXERCISING CERCLA LEAD AGENCY AUTHORITY FOR FUTURE WORK AT THE DC/NPS PARCEL PURSUANT TO A NOVEMBER 7, 2008 FINDING OF SUITABILITY FOR EARLY TRANSFER (FOSET) EXECUTED UNDER SECTION 120(h)(3)(C) OF CERCLA, 42 U.S.C. SECTION 9620(h)(3)(C).

Defendants (1)

• WASHINGTON GAS LIGHT SITENamed in complaintNamed in settlement

Facilities (1)

• WASHINGTON GAS LIGHT

  12TH AND M STREETS, SE, WASHINGTON, DC, 20003

  Registry ID: 110039532501

Statutes cited

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

Enforcement conclusions (1)

• WASHINGTON GAS LIGHTentered 2012-08-29

  Primary law: CERCLA

Timeline (5 milestones)

• 2011-09-29Referred To Dept Of Justice
• 2011-10-04Enforcement Action Data Entered
• 2011-12-12Complaint Filed With Court
• 2011-12-12Final Order Lodged
• 2012-08-29Final Order Entered