EPA v. CENTAUR INSURANCE CO (HANLIN-ALLIED-OLIN SUPERFUND SITE) (NATIONAL CASE)

Case summary

Illinois State Court Enters Order Resolving Multi-Regional EPA CERCLA Claims in Centaur Receivership Action and Approves Settlement Agreement for Past and Future Response Costs for the Hanlin-Allied-Olin Superfund Site. On July 12, 2017, the Illinois Circuit Court of Cook County, entered an order allowing EPA's $8,750,000 LCP Chemicals claim in the Centaur Insurance Company (Centaur) Receivership Action. The Order also authorized the distribution of Centaur estate assets for the payment of the EPA claim, as set forth in the settlement agreement between the United States and Centaur. This Order resolves Region III?s insurance claim for past and future response costs at the Hanlin-Allied-Olin Superfund Site (Site) in Moundsville, West Virginia. The claim was asserted in the national receivership action and arose out of an Excess Umbrella Policy issued by Centaur to LCP Chemicals & Plastics, Inc., under which LCP Chemicals-West Virginia, Inc., a former owner and operator of the Site, was a named insured. This Order finalizes a multi-Regional settlement agreement with Centaur, wherein Region III will receive $2,916,667 out of the total allowed amount of $8.75 million for LCP's liability at the Hanlin-Allied-Olin Site, to be deposited in a special account for the Site. This agreement will fund Superfund cleanup actions at the Site for soil and groundwater contamination consisting of mercury and other hazardous substances. The State of West Virginia is actively involved in the cleanup and is aware of this settlement. This is a direct implementation claim for the federal government which arises under the state receivership statute and the Federal Priorities Act.

Defendants (1)

• CENTAUR INSURANCE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• OLIN CHEMICALS

  RTE. 2, P.O. BOX 596, MOUNDSVILLE, WV, 26041

  Registry ID: 110011501286

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CENTAUR INSURANCE CO (HANLIN-ALLIED-OLIN SUPERFUND SITE) (NATIONAL CASE)entered 2017-07-12

  Primary law: CERCLA

Timeline (5 milestones)

• 2016-03-31Enforcement Action Data Entered
• 2016-08-09Referred To Dept Of Justice
• 2017-05-11Complaint Filed With Court
• 2017-05-11Final Order Lodged
• 2017-07-12Final Order Entered