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04-2009-9004JudicialFinal Order EnteredFY 2009· Region 04

EPA v. STAUFFER CHEMICAL - COLD CREEK & LEMOYNE, OU 3

Case summary

BIG CASE. EPA AMENDED THE 1993 SELECTED REMEDY FOR CONTAMINATED SEDIMENTS LOCATED IN TWO ZONES OF THE COLD CREEK SWAMP, OU 3, OF THE STAUFFER CHEMICAL LEMOYNE PLANT AND ADJACENT COLD CREEK PLANT SUPERFUND SITES LOCATED IN MOBILE COUNTY, AL. EPA ENTERED INTO A RD/RA CD, WITH SETTLING PARTY AKZO NOBEL CHEMICALS, INC., WHICH IS A PARTIAL OWNER OF THE PROPERTY COMPRISING 0U3. UNDER THE TERMS OF THE RECOMMENDED RD/RA CD, AKZO WILL BE REQUIRED TO PERFORM THE ROD REMEDY. THE SELECTED REMEDY INCLUDES, IN ADDITION TO THE WORK, THAT AKZO MAKE A ONE-TIME, PAST COSTS PAYMENT OF $912,913.27. UNDER THE SETTLEMENT, AKZO WILL GET A COVENANT NOT TO SUE LIMITED TO THIS INTERIM ACTION, SUBJECT TO THE STANDARD RESERVATIONS AND REOPENERS, THAT WILL ONLY BECOME EFFECTIVE UPON AKZO'S COMPLETION OF THE RA.

Defendants (1)

  • AKZO NOBEL CHEMICALS, INC.Named in complaintNamed in settlement

Facilities (5)

  • LEMOYNE SITE

    13440 HIGHWAY 43 NORTH, AXIS, AL, 365054315

    Registry ID: 110000741243

  • LEMOYNE SITE

    13440 HIGHWAY 43 NORTH, AXIS, AL, 365054315

    Registry ID: 110000741243

  • LEMOYNE SITE

    13440 HIGHWAY 43 NORTH, AXIS, AL, 365054315

    Registry ID: 110000741243

  • LEMOYNE SITE

    13440 HIGHWAY 43 NORTH, AXIS, AL, 365054315

    Registry ID: 110000741243

  • SYNGENTA

    13500 US HIGHWAY 43, BUCKS, AL, 36512

    Registry ID: 110071100896

Statutes cited

  • CERCLA 106AImminent & Substantial Endangerment Order

Enforcement conclusions (1)

  • STAUFFER CHEMICAL - COLD CREEK & LEMOYNE, OU 3entered 2012-06-08

    Primary law: CERCLA

Timeline (6 milestones)

  • 2009-01-13Enforcement Action Data Entered
  • 2010-08-10PRN Sent
  • 2011-09-01Referred To Dept Of Justice
  • 2011-12-09Final Order Lodged
  • 2011-12-09Complaint Filed With Court
  • 2012-06-08Final Order Entered

Case metadata

EPA activity ID
1400022816
Case number
04-2009-9004
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
Imminent & Substantial Endangerment Order

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2009-9004 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.