EPA v. OLIN / MCINTOSH OU1

Case summary

REGION IV ENTERED INTO A CERCLA SECTION 106/107, 42 U.S.C. SECTION 9606/9607, CONSENT DECREE WITH OLIN CORPORATION (OLIN) FOR THE PERFORMANCE AND FUNDING OF A COMPLETE REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) FOR OPERABLE UNIT 1 AT THE OLIN CHEMICAL/MCINTOSH PLANT SITE, MCINTOSH, WASHINGTON COUNTY ALABAMA (THE SITE) AND FOR REIMBURSEMENT OF 100% OF PAST COSTS INCURRED AT THE SITE. THE REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) AT THE SITE HAS BEEN DIVIDED INTO TWO OPERABLE UNITS. OU1 CONSISTS OF THE ACTIVE PRODUCTION FACILITY; AND OU2 INCLUDES THE BASIN AND THE WASTEWATER DISCH LEADING TO THE BASIN. A ROD FOR OU1 WAS SIGNED ON DECEMBER 16, 1994. EPA SEND OLIN A SPECIAL NOTICE LETTER ON 1/11/95 AND A GOOD FAITH OFFER WAS RECEIVED ON 2/17/95. OLIN SIGNED THE CD FOR OU1 ON 6/8/95. REGION IV SIGNED THE CD FOR OU1 ON 6/16/95 AND DOJ SIGNED ON 7/3/95. 2. OLIN CORP., AS THE OWNER AND OPERATOR OF THE FACILITY, AS WELL AS THE GENERATOR OF THE HAZARDOUS SUBSTANCES RELEASED INTO THE ENVIRONMENTAL AT THE SITE, IS THE ONLY CERCLA SECTION 107(A) LIABLE PARTY. 3. UNDER THE TERMS OF SETTLEMENT EMBODIED IN THE CD, OLIN WILL PERFORM AND FUND THE ENTIRE OU1 RD/RA, AND REIMBURSE THE U.S. FOR COSTS INCURRED BY THE U.S. UNDER THE TERMS OF THE CD, INCLUDING, BUT NOT LIMITED TO OVERSIGHT COSTS. THE ESTIMATED COST OF IMPLEMENTING THE SELECTED REMEMDY IS $10,000,000. OLIN WILL ALSO REIMBURSE EPA 100% OF ITS PAST COSTS, $889,462.33.

Defendants (1)

• OLIN CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• OLIN CORPORATION

  INDUSTRIAL ROAD, MC INTOSH, AL, 36553

  Registry ID: 110037311263

• OLIN CORPORATION

  INDUSTRIAL ROAD, MC INTOSH, AL, 36553

  Registry ID: 110037311263

• OLIN CORPORATION

  INDUSTRIAL ROAD, MC INTOSH, AL, 36553

  Registry ID: 110037311263

• OLIN CORPORATION

  INDUSTRIAL ROAD, MC INTOSH, AL, 36553

  Registry ID: 110037311263

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OLIN CORPORATIONentered 1997-06-03

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-01-01Enforcement Action Data Entered
• 1994-03-24PRN Sent
• 1995-06-28Referred To Dept Of Justice
• 1995-07-05Complaint Filed With Court
• 1997-06-03Final Order Lodged
• 1997-06-03Final Order Entered
• 1997-06-03Concluded