EPA v. SOLVAY (U.S. TITANIUM)

Case summary

On April 9, 2020, the Director of the Director of the Region III Superfund and Emergency Management Division signed an Administrative Settlement Agreement and Order on Consent (Settlement Agreement) with Solvay USA for the performance of a removal action at the U.S. Titanium Superfund Site Drum Disposal Mound (Drum Disposal Mound). The Drum Disposal Mound, which is a portion of the U.S. Titanium Superfund Site ( Site ), is located in a fenced area located south of the Virginia Blue Ridge Railway Trail Pathway with the southern point of the fenced-in area situated on the bank of the Piney River. The Settlement Agreement was issued by the Region pursuant Sections 104, 106(a), 107 and 122 of CERCLA Section 7003 of the Resource Conservation and Recovery Act, as amended ( RCRA ), 42 U.S.C. 6928(h). Under the terms of the AOC, Hercules, LLC (Respondent) has agreed to implement the Final Remedy selected by EPA in the Final Decision Response to Comments (FDRTC) issued on November 2, 2016. Respondent is required to submit to EPA for approval a Corrective Measures Implementation Plan (CMIP) for implementation of the Final Remedy. The CMIP will include a schedule for the Final Remedy, including: (1) continued groundwater treatment in Vul-Cup area of the Facility, (2) monitored natural attenuation of groundwater throughout the Facility, and (3) land use restrictions prohibiting residential use and groundwater use. On April 30, 2018, EPA announced the availability of the AOC to the public for a thirty (30) day review and comment period. The public comment period closed on May 30, 2018 with no comments received or request for a public meeting made. Therefore, EPA determined that the AOC should be made effective. Pursuant to the AOC, EPA has notified the Respondent as well as provided Respondent a true and correct copy of the executed AOC.

Defendants (1)

• SOLVAYNamed in settlement

Facilities (1)

• U.S. TITANIUM

  RTE 151, PINEY RIVER, VA, 22964

  Registry ID: 110009315829

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SOLVAY (U.S. TITANIUM)entered 2020-04-09

  Primary law: CERCLA

Timeline (3 milestones)

• 2020-04-09Final Order Issued
• 2020-05-06Enforcement Action Data Entered
• 2022-08-24Enforcement Action Closed