EPA v. FOSTER WHEELER ENERGY CORPORATION

Case summary

United States District Court for the Middle District of Pennsylvania entered a Consent Decree between the United States, the Commonwealth of Pennsylvania ( State ), and Foster Wheeler Energy Corporation ( FWEC ), pursuant to CERCLA Section 106 and 107(a), in connection with the Foster Wheeler Energy Corporation/Church Road TCE Superfund Alternative Site, located in Mountain Top, Luzerne County, Pennsylvania ( Site ), Civil Action No. 3:19-cv-1620. Under the terms of the Consent Decree, FWEC has agreed to (1) finance and perform the interim remedial action selected by EPA in the September 2018 Interim Record of Decision, totaling over $4.15 million; (2) reimburse EPA $950,000 for its Past Response Costs at the Site through February 27, 2018; (3) reimburse the State $56,051.21 for its State Past Response Costs at the Site through September 30, 2018; and (4) pay all Future Response Costs and State Future Response Costs, as defined in the Consent Decree. The Site consists of (1) the Former FWEC Facility, approximately 105 acres located in the Crestwood Industrial Complex, which was the subject of a 1988 removal action; (2) the Church Road TCE Site, including the Affected Area, defined as residential areas impacted by trichloroethene, which was the subject of a 2005 removal action; and (3) all other areas in which hazardous substances from the Former FWEC Facility have come to be located. The removal action at the Former FWEC Facility consisted primarily of the installation and operation of a groundwater extraction and treatment system. The removal action within the Affected Area consisted primarily of the installation of a public water line and abandonment of contaminated residential wells..

Defendants (3)

• charlatte of americas, incl
• charlatte of americas, incl
• FOSTER WHEELER ENERGY CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• FOSTER WHEELER ENERGY CORP./CHURCH ROAD TCE

  348 CRESTWOOD ROAD, MOUNTAIN TOP, PA, 18707

  Registry ID: 110064200001

• FOSTER WHEELER ENERGY CORP./CHURCH ROAD TCE SITE

  348 CRESTWOOD ROAD, MOUNTAIN TOP, PA, 18707

  Registry ID: 110064200001

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• FOSTER WHEELER ENERGY CORPORATIONentered 2019-12-19

  Primary law: CERCLA

Timeline (6 milestones)

• 2018-05-17PRN Sent
• 2018-06-20Enforcement Action Data Entered
• 2019-08-27Referred To Dept Of Justice
• 2019-09-19Complaint Filed With Court
• 2019-09-19Final Order Lodged
• 2019-12-19Final Order Entered