EPA v. E.I. DUPONT DE NEMOURS & COMPANY & BASE CORP

Case summary

the Director of the Hazardous Site Cleanup Division signed an administrative Settlement Agreement for Recovery of Past and Future Response Costs with E.I. duPont de Nemours and Company and BASF Corporation for the DuPont-Newport Superfund Site in Newport, Delaware, pursuant to Section 122(h)(1) of CERCLA , EPA Docket No. CERC-03-2013-0003CR. The Agreement provides for payment of 100 percent of EPA�s Past Response Costs ($178,646.09), to be deposited in the Site-specific special account, and for payment of Future Response costs, to be billed periodically through the procedures set forth in the Agreement. Because this matter was previously referred to, and litigated by, the U.S. Department of Justice (�DOJ�), the Agreement is being entered in conjunction with the Attorney General�s settlement authority. After signature by DOJ, in accordance with Section 122(i) of CERCLA, EPA will publish notice in the Federal Register of the Agreement and provide at least thirty (30) days for public comment before the Agreement may become final. The United States previously filed suit against DuPont and BASF�s predecessor, Ciba Specialty Chemicals Corporation, after DuPont and Ciba refused to agree to pay EPA�s removal and remedial oversight costs, given the pendency of U.S. v. Rohm & Haas, 2 F.3d 1265 (3rd Cir. 1993). On appeal of the district court�s adverse ruling, the Third Circuit overruled Rohm & Haas, and reversed the lower court�s order on oversight costs. Under the court�s order, DuPont and Ciba paid the United States the sum of $1,394,796.94 for the United States� RD and RA oversight costs incurred at that time. DuPont and Ciba were also determined to be liable to the United States for future recoverable response costs incurred in connection with the Site, under which declaratory judgment EPA demanded the response costs settled in this Agreement.

Defendants (2)

• E.I. DUPONT DE NEMOURS & COMPANYNamed in settlement
• BASF CORPNamed in settlement

Facilities (1)

• E I DUPONT, NEWPORT SITE

  JAMES & WATER STREETS, NEWPORT, DE, 19804

  Registry ID: 110000603927

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• E.I. DUPONT DE NEMOURS & COMPANY & BASE CORPentered 2013-02-14

  Primary law: CERCLA

Timeline (2 milestones)

• 2013-02-14Final Order Issued
• 2013-02-20Enforcement Action Data Entered