EPA v. INTERVET, INC. AND MALLINCKRODT VETERINARY, INC. (MILLSBORO TCE GROUNDWATER CONTAMINATION SITE)

Case summary

On August 8, 2017, EPA Region III signed a Third Administrative Order on Consent with Intervet, Inc., and Mallinckrodt Veterinary, Inc., ( Respondents ) under Sections 104, 106, 107 and 122 of CERCLA to implement a non-time critical removal action in connection with trichloroethylene ( TCE ) present in the groundwater and subsurface soil at the Millsboro TCE Groundwater Contamination Site ( Site ). The Site includes a TCE source area located at a former poultry vaccine manufacturing facility located on or around 225 West DuPont Highway in Millsboro, Delaware, a plume of TCE? contaminated groundwater migrating from the probable TCE source area, and two impacted public drinking water supply wells in the Columbia Aquifer serving the Town of Millsboro. Under the Third AOC, Respondents will remove remaining high TCE concentrations in sub-surface soil and groundwater on the source area property using Modified Fenton's Reagent in-situ chemical oxidation. Directed groundwater recirculation will be used to control the TCE plume and remove aqueous TCE and its breakdown products through withdrawal of groundwater for ex-situ treatment using granular activated carbon filtration units followed by reinjection of the treated groundwater back into the Columbia Aquifer at a point side gradient to the groundwater plume. Post removal site controls including long-term monitoring will be implemented to ensure the integrity of the response action. Respondents will provide financial assurance for the planned removal action. The Delaware Department of Natural Resources and Environmental Control has been informed of the planned removal action. Amendment On August 7, 2018, EPA Region III signed Amendment Number 1 to Third Administrative Settlement Agreement and Order on Consent with Intervet, Inc., and Mallinckrodt Veterinary, Inc., (?Respondents?) under Sections 104, 106, 107 and 122 of CERCLA in connection with the Millsboro TCE Groundwater Contamination Site (?Site?). The Amendment allows for collection for past response costs incurred under of two previous administrative orders, with EPA Docket Numbers CERC-03-2010-0277DC, and CERC-03-2011-0037DC, so as to permit issuance of notices of completion for the two previous administrative orders.

Defendants (1)

• INTERVET, INC. AND MALLINCKRODT VETERINARY, INC.Named in settlement

Facilities (1)

• MILLSBORO TCE GROUNDWATER CONTAMINATION SITE

  225 WEST DUPONT HIGHWAY, MILLSBORO, DE, 19966

  Registry ID: 110039012305

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• INTERVET, INC. AND MALLINCKRODT VETERINARY, INC. (MILLSBORO TCE GROUNDWATER CONTAMINATION SITE)entered 2018-08-07

  Primary law: CERCLA

• INTERVET, INC. AND MALLINCKRODT VETERINARY, INC. (MILLSBORO TCE GROUNDWATER CONTAMINATION SITE)entered 2017-08-08

  Primary law: CERCLA

Timeline (2 milestones)

• 2017-08-16Enforcement Action Data Entered
• 2018-08-07Final Order Issued