EPA v. AAI CORPORATION, ET. AL., (68TH ST DUMP SITE)

Case summary

.On November 29, 2017, Judge Bennett of the United States District Court for the District of Maryland, entered the CD in the above captioned matter. During the lodging period, the United States did not receive any public comments, and thus moved for entry as a matter of course. Under the proposed Consent Decree, 13 Settling Performing Defendants have agreed to finance and perform the remedial action selected by EPA for the Site in accordance with a September 2013 Record of Decision (?ROD?) valued at $51.5 million; to finance and perform restoration work to remedy injury to natural resources at the Site valued at approximately $500,000.00; to fund a restoration project off-Site to compensate for loss of natural resources at the Site valued at $630,000.00; to pay $240,000.00 to the Trustees for Past Trustee Natural Resource Damage Assessment Costs, and to pay $250,000.00 to the Trustees for Future Trustee Oversight Costs. In accordance with the Interim Guidance on Orphan Share Compensation for Settlors of Remedial Design/Remedial Action and Non-Time-Critical Removals, dated June 4, 1996 (hereinafter referred to as the ?Orphan Share Guidance?) the Settling Defendants will not be obligated to pay EPA?s Past Costs of $2,460,143.30 (as of November 22, 2016), or its Future Oversight Costs estimated to be $1.5 million, but will pay EPA?s Future Response Costs as those terms are defined in the Consent Decree. As an incentive to settlement, EPA has also agreed to pay the Settling Performing Defendants $1 million from a Site Specific Special Account. In return, the United States will provide a covenant not to sue under Sections 106 and 107(a) of CERCLA, 42 U.S.C. ?? 9606 and 9607(a), for Matters Addressed, as that term is defined in the Consent Decree. Signatories to this proposed settlement include, among others, the designated Federal and State Natural Resource Trustees, 42 non-performing ?cash-out? defendants, 13 performing defendants, as well as numerous settling federal and state agencies, including but not limited to the United States Department of Army, the United States Department of Veteran Affairs, the United States Postal Service, and the United States Coast Guard. The Site is located in a mixed industrial, commercial, and residential area of Baltimore County crossing the border with Baltimore City in Rosedale, Maryland. The Site is an aggregate of seven landfills that encompass five Management Areas making up the 239-acre study area.

Defendants (45)

• BRUNSWICK CORPORATIONNamed in complaintNamed in settlement
• MULLAN ENTERPRISES, INC.Named in complaintNamed in settlement
• ACME MARKETS, INC.Named in complaintNamed in settlement
• LOCKHEED MARTIN CORPORATIONNamed in complaintNamed in settlement
• AK STEEL CORPORATIONNamed in complaintNamed in settlement
• ALCOLAC INC., NOW KNOWN AS SOLVAY USA INC.Named in complaintNamed in settlement
• BALTIMORE GAS & ELECTRIC COMPANYNamed in complaintNamed in settlement
• CHEVRON ENVIRONMENTAL MANAGEMENT COMPANYNamed in complaintNamed in settlement
• JOHN HOPKINS HOSPITALNamed in complaintNamed in settlement
• JOHN HOPKINS HEALTH SYSTEM CORPORATIONNamed in complaintNamed in settlement
• JOHN HOPKINS UNIVERSITYNamed in complaintNamed in settlement
• CONSTELLATION POWER SOURCE GENERATION, LLCNamed in complaintNamed in settlement
• GENERAL ELECTRIC COMPANYNamed in complaintNamed in settlement
• LOCKE INSULATORS, INC.Named in complaintNamed in settlement
• PPG INDUSTRIES, INC.Named in complaintNamed in settlement
• PITNEY BOWES INC.Named in complaintNamed in settlement
• ARKEMA, INC.Named in complaintNamed in settlement
• BP PRODUCTS NORTH AMERICA INC.Named in complaintNamed in settlement
• SMITHFIELD FOODS, INC.Named in complaintNamed in settlement
• VERIZON MARYLAND, LLCNamed in complaintNamed in settlement
• BLACK AND DECKER (U.S.) INC.Named in complaintNamed in settlement
• CONGRA GROCERY PRODUCTS COMPANY, LLNamed in complaintNamed in settlement
• SALA INVESTMENT, LLCNamed in complaintNamed in settlement
• ILLINOIS TOOL WORKS, INC.Named in complaintNamed in settlement
• UNITED STATES DEPT OF THE ARMYNamed in complaintNamed in settlement
• …and 20 more

Facilities (1)

• 68TH STREET DUMP SUPERFUND SITE

  68TH STREET DUMP SUPERFUND SITE, BALTIMORE, MD, 21238

  Registry ID: 110039155678

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AAI CORPORATION, ET. AL., (68TH ST DUMP SITE)entered 2017-11-29

  Primary law: CERCLA

Timeline (6 milestones)

• 2013-09-30PRN Sent
• 2013-10-21Enforcement Action Data Entered
• 2017-09-19Referred To Dept Of Justice
• 2017-10-02Final Order Lodged
• 2017-10-02Complaint Filed With Court
• 2017-11-29Final Order Entered