EPA v. JPMORGAN CHASE BANK, N.A. (BROWNING LUMBER SITE)

Case summary

ON JUNE 29, 2012, DIVISION DIRECTOR RONALD BORSELLINO SIGNED AN ADMINISTRATIVE SETTLEMENT AGREEMENT FOR RECOVERY OF PAST RESPONSE COSTS WITH JPMORGAN CHASE BANK, N.A., THE FORMER OWNER, AS SUCCESSOR TRUSTEE, OF THE BROWNING LUMBER COMPANY SUPERFUND SITE IN BOONE COUNTY, WEST VIRGINIA. BEGINNING IN THE EARLY 1980S, BROWNING LUMBER COMPANY ( BROWNING LUMBER ) LEASED THE SITE FROM THE CHARLESTON NATIONAL BANK AND OPERATED A WOOD-TREATMENT FACILITY THERE. BROWNING LUMBER USED CHROMATED COPPER ARSENATE ( CCA ) TO TREAT WOOD AT THE SITE. SEVERAL COMPLIANCE INSPECTIONS BY THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENT PROTECTION ( DEP ) REVEALED MULTIPLE VIOLATIONS OF WEST VIRGINIA AND FEDERAL WASTE MANAGEMENT REGULATIONS. THE DEP INSPECTORS OBSERBED EXTENSIVE CCA SPILLAGE AT THE SITE. CONTAMINATED DEBRIS FROM THE WOOD-TREATMENT OPERATIONS WAS ALSO OFTEN DISPOSED OF ON-SITE. EPA PERFORMED AN EMERGENCY REMOVAL ACTION AT THE SITE IN 2006-07 TO ADDRESS EXTREMELY HIGH LEVELS OF ARSENIC IN ON-SITE SOILS, SEDIMENTS, AND SURFACE WATERS. HIGH LEVELS OF ARSENIC AND OTHER HAZARDOUS SUBSTANCES WERE ALSO FOUND IN VARIOUS PARTS OF THE WOOD-TREATMENT FACILITY, WHICH HAD BEEN ABANDONED BY BROWNING LUMBER. JPMORGAN CHASE, THE ULTIMATE SUCCESSOR TO THE CHARLESTON NATIONAL BANK, AGREED TO COMPLETE THE REMOVAL ACTION UNDER A 2007 ADMINISTRATIVE CONSENT ORDER. UNDER THE JUST-SIGNED AGREEMENT, WHICH WAS ENTERED INTO IN ACCORDANCE WITH SECTION 122(h)(1) OF CERCLA, JPMORGAN CHASE WILL PAY FOR COST INCURRED BY THE AGENCY FOR THE EMERGENCY REMOVAL ACTION. SECTION 122(h)(1) REQUIRES APPROVAL BY DOJ FOR ALL ADMINISTRATIVE COST-RECOVERY SETTLEMENTS. EP AHAS RECEIVED SUCH APPROVAL FROM DOJ. IN COMPLIANCE WITH AN ADDITIONAL REQUIREMENT OF SECTION 122(h), EPA WILL PUBLISH NOTICE OF THE SETTLEMENT IN THE FEDERAL REGISTER AND WILL PROVIDE THE PUBLIC WITH AN OPPORTUNITY TO COMMENT ON THE SETTLEMENT FOR A PERIOD OF THIRTY DAYS.

Defendants (1)

• JPMORGAN CHASEW BANK, N.A.Named in settlement

Facilities (1)

• BROWNING LUMBER CO, INC

  RT 85, BALD KNOB, WV, 25010

  Registry ID: 110007875843

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• JPMORGAN CHASE BANK, N.A. (BROWNING LUMBER SITE)entered 2012-08-14

  Primary law: CERCLA

Timeline (2 milestones)

• 2012-08-14Final Order Issued
• 2012-08-16Enforcement Action Data Entered