EPA v. VELSICOL,HARDEMAN COUNTY/MATHIS BROS/SHAVER'S FARM/VALLEY CHEMICAL/TENNESSEE PRODUCTS/FORMER COKE PR

Case summary

AGREEMENT AND SETTLEMENT FOR RECOVERY OF RESPONSE COSTS. THREE SITES: VELSICOL/HARDEMAN COUNTY LANDFILL; MATHIS BROTHERS/SOUTH MARBLE TOP ROAD LANDFILL; AND SHAVER'S FARM SITE. $3,928,630. SUMMARY: SHAVER'S FARM: VELSICOL FAILED TO MAKE THE LAST OF THREE INSTALLMENTS UNDER THE PAST COST CD IN THE AMOUNT OF $2,193,043.66. THE COLLECTION OF THIS JUDICIAL DEBT IS THE RESPONSIBILITY OF THE DOJ'S FLU. EPA WORKED WITH THE FLU TO PROVIDE VELSICOL WITH A PAYMENT PLAN FOR THE PAYMENT OF THIS DEBT. THE AGREEMENT, TITLED, STIPULATED REPAYMENT AGREEMENT IS ATTACHED AS APPENDIX A TO THE 122(H) AGREEMENT. VELSICOL RECEIVED AN OVERSIGHT BILL UNDER THE AOC IN MARCH OF 1999. VELSICOL DISPUTED THE BILL. THE 122(H) AGREEMENT SETTLES THAT BILL BY PROVIDING VELSICOL A PAYMENT PLAN FOR THE BILL. HARDEMAN COUNTY: IN THE 122(H) AGREEMENT, VELSICOL IS BEING PROVIDED WITH A PAYMENT PLAN FOR ALL OF EPA'S PAST COSTS AT THE SITE. THIS INCLUDES PRE-AOC COSTS, AOC COSTS, AND COSTS INCURRED UNDER TWO UAO'S. THE AGREEMENT ALSO PROVIDES THAT VELSICOL WILL REIMBURSE EPA FOR ALL FUTURE COSTS INCURRED OVERSEEING THE O&M AT THE SITE. IN ADDITION, EPA WILL PROVIDE VELSICOL WITH BACKUP COST DOCUMENTATION FOR THE PAST COSTS, AND WILL PURSUE FRUIT OF THE LOOM/NW LAND MANAGEMENT. (ANOTHER PRP) FOR ALL OF THE COSTS IN ITS BANKRUPTCY. EPA WILL ADJUST THE AMOUNT OWED UNDER THE AGREEMENT BASED ON ANY ACCT. ERRORS FOUND IN THE COST DOX AND BY ANY AMOUNT EPA RECEIVES FROM THE FOL/NWI BANKRUPTCY. MATHIS BROTHERS: IN THE 122(H) AGREEMENT, VELSICOL IS BEING PROVIDED WITH A PAYMENT PLAN FOR ALL OF EPA'S PAST COSTS AT THE SITE. THIS INCLUDES PRE-AOC COSTS, AOC COSTS, AND COSTS INCURRED UNDER A UAO. THE AGREEMENT ALSO PROVIDES THAT VELSICOL WILL REIMBURSE EPA FOR ALL FUTURE COSTS INCURRED OVERSEEING THE O&M AT THE SITE. IN ADDITION, EPA WILL PROVIDE VELSICOL WITH BACKUP COST DOCUMENTATION FOR THE PAST COSTS. EPA WILL ADJUST THE AMOUNT OWED UNDER THE AGREEMENT BASED ON ANY ACCT. ERRORS FOUND IN THE COST DOX.

Defendants (1)

• VELSICOL CHEMICAL CORP.Named in settlement

Facilities (8)

• TENNESSEE PRODUCTS

  4800 CENTRAL AVE, CHATTANOOGA, TN, 37409

  Registry ID: 110001856108

• SHAVER'S (HAROLD) FARM

  HWY 136 WEST, LA FAYETTE, GA, 30728

  Registry ID: 110009277059

• MATHIS BROTHERS

  SOUTH MARBLE TOP RD, KENSINGTON, GA, 30728

  Registry ID: 110007486924

• VALLEY CHEMICAL

  550 N RACE WAY RD, GREENVILLE, MS, 38701

  Registry ID: 110012341215

• VELSICOL CHEMICAL CORP. (HARDEMAN COUNTY)

  TOONE-TEAGUE RD, TOONE, TN, 38381

  Registry ID: 110009312092

• TENNESSEE PRODUCTS

  4800 CENTRAL AVE, CHATTANOOGA, TN, 37409

  Registry ID: 110001856108

• FORMER COKE PRODUCTION PLT (VELSICOL)

  24 ACRE SITE BORDERED BY VELSICOL MAIN PLANT, CHATTANOOGA, TN, 37400

  Registry ID: 110013723783

• SOUTH MARBLETOP RD LANDFILL

  ST HWY 136 S MARBLE TOP RD, KENSINGTON, GA, 30727

  Registry ID: 110010702123

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• VELSICOL,HARDEMAN COUNTY/MATHIS BROS./SHAVER'S FARentered 2000-09-20

  Primary law: CERCLA

Timeline (2 milestones)

• 2000-09-20Final Order Issued
• 2000-10-20Enforcement Action Data Entered