EPA v. OCCIDENTAL CHEMICAL CORPORATION

Case summary

THE DIRECTOR OF LAND AND CHEMICALS DIVISION SIGNED A RCRA SECTION 3008(h) ADMINISTRATIVE ORDER ON CONSENT (CONSENT ORDER) BETWEEN EPA AND OCCIDENTAL CHEMICAL CORPORATION (OCCIDENTAL) FOR THE IMPLEMENTATION OF A CLEANUP REMEDY AT THE OCCIDENTAL FACILITY IN NEW CASTLE, NEW CASTLE COUNTY, DELAWARE. THE CONSENT ORDER REQUIRES OCCIDENTAL TO IMPLEMENT THE CORRECTIVE MEASURES AND FINAL REMEDY SELECTED IN EPA'S DECEMBER 8, 2011 FINAL DECISION AND RESPONSE TO COMMENTS, AND TO PROVIDE FINANCIAL ASSURANCE FOR THE TOTAL REMEDY COST OF $19 MILLION. THE FINAL REMEDY FOR THE OCCIDENTAL FACILITY INCLUDES EXCAVATION, ON-SITE CONSOLIDATION, AND CAPPING OF IMPACTED SOILS AND SEDIMENTS; CONTINUED USE OF TWO BARRIER WALLS AND THE ASSOCIATED GROUNDWATER EXTRACTION AND TREATMENT SYSTEM; TARGETED ON-SITE TREATMENT OF IMPACTED GROUNDWATER OUTSIDE OF THE BARRIER WALLS; AND IMPLMENTATION OF INSTITUTIONAL CONTROLS TO MITIGATE CURRENT AND POTENTIAL FUTURE EXPOSURE TO CONTAMINATION. THE CONSENT ORDER WAS EFFECTIVE UPON RECEIPT OF THE SIGNED DOCUMENT BY OCCIDENTAL (JUNE 25, 2012).

Defendants (1)

• OCCIDENTAL CHEMICAL CORPORATIONNamed in settlement

Facilities (2)

• OCCIDENTAL CHEMICAL CORPORATION

  1657 RIVER ROAD, NEW CASTLE, DE, 197205194

  Registry ID: 110000338527

• OCCIDENTAL CHEMICAL CORPORATION

  1657 RIVER ROAD, NEW CASTLE, DE, 197205194

  Registry ID: 110000338527

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• OCCIDENTAL CHEMICAL CORPORATIONentered 2012-06-21

  Primary law: RCRA

Timeline (2 milestones)

• 2012-06-21Final Order Issued
• 2012-07-13Enforcement Action Data Entered