EPA v. ANNISTON LEAD / ANNISTON PCB SITES (AOC FOR REMOVAL)

Case summary

8/2/05 - ADMINISTRATIVE AGREEMENT AND ORDER ON CONSENT FOR REMOVAL ACTION. RESPONDENTS: DII INDUSTRIES, LLC; FMC CORPORATION; HURON VALLEY STEEL CORPORATION; MCWANE, INC.; MW CUSTOM PAPERS, LLC; MEADWESTVACO CORPORATION; MRC HOLDINGS, INC.; PHELPS DODGE INDUSTRIES, INC.; UNITED DEFENSE, L.P.; UNITED STATES PIPE AND FOUNDRY COMPANY, INC.; AND WALTER INDUSTRIES, INC. PAYMENT FOR PAST RESPONSE COSTS: RESPONDENTS SHALL PAY TO EPA $3,250,000 FOR PAST RESPONSE COSTS, AS FOLLOWS: i. WITHIN 30 DAYS AFTER THE EFFECTIVE DATE, RESPONDENTS SHALL MAKE AN INITIAL PAYMENT TO EPA IN THE AMOUNT OF $812,500. ii. WITHIN ONE YEAR AFTER THE EFFECTIVE DATE, RESPONDENTS SHALL MAKE A SECOND PAYMENT TO EPA IN THE AMOUNT OF $812,500; iii. WITHIN TWO YEARS AFTER THE EFFECTIVE DATE, RESPONDENTS SHALL MAKE A THIRD PAYMENT TO EPA IN THE AMOUNT OF $812,500. iv. WITHIN THREE YEARS AFTER THE EFFECTIVE DATE, RESPONDENTS SHALL MAKE A FOURTH PAYMENT TO EPA IN THE AMOUNT OF $812,500, PLUS ALL ACCRUED INTEREST ON UNPAID BALANCES ACCRUED FROM THE EFFECTIVE DATE THROUGH THE DATE OF THE FOURTH PAYMENT

Defendants (11)

• DII INDUSTRIES, INC.Named in settlement
• FMC CORPORATIONNamed in settlement
• HURON VALLEY STEEL CORPORATIONNamed in settlement
• MCWANE, INC.Named in settlement
• MW CUSTOM PAPERS, LLCNamed in settlement
• MEADWESTVACO CORPORATIONNamed in settlement
• MRC HOLDINGS, INC.Named in settlement
• PHELPS DODGE INDUSTRIES, INC.Named in settlement
• UNITED DEFENSE, L.P.Named in settlement
• UNITED STATES PIPE AND FOUNDRY COMPANY, INC.Named in settlement
• WALTER INDUSTRIESNamed in settlement

Facilities (2)

• ANNISTON PCB SITE

  HIGHWAY 202 WEST, ANNISTON, AL, 36202

  Registry ID: 110000368806

• ANNISTON LEAD SITE

  POSTAL ADDRESS IS UNAVAILABLE FOR THE SITE, ANNISTON, AL, 36201

  Registry ID: 110009263554

Statutes cited

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

Enforcement conclusions (1)

• ANNISTON LEAD / ANNISTON PCB SITES (AOC FOR REMOVAL)entered 2005-07-27

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-07-27Final Order Issued
• 2005-09-30Enforcement Action Data Entered