EPA v. CTS OF ASHEVILLE INC., SUPERFUND SITE

Case summary

ON MARCH 7, 2017, A MAGISTRATE JUDGE FOR THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF NC SIGNED THE CONSENT DECREE FOR INTERIM RD/RA AT THE CTS OF ASHEVILLE, INC., SUPERFUND SITE IN ASHEVILLE, BUNCOMBE COUNTY, NC. THE CD REQUIRES THE SETTLING DEFENDANTS, CTS CORPORATION, MILLS GAP ROAD ASSOCIATES, AND NORTHROP GRUMMAN SYSTEMS CORPORATION, TO SPEND AN ESTIMATED $8.8 MILLION TO UNDERTAKE A 2-STEP PROCESS TO TREAT THE SOURCE OF NON-AQUEOUS PHASE LIQUID (NAPL) AND TRICHLOROETHENE (TCE) CONTAMINATION IN THE GROUNDWATER BENEATH THE FORMER ELECTRONICS MANUFACTURING AND ELECTROPLATING FACILITY AT 235 MILLS GAP ROAD IN ASHEVILLE. THE CTS OF ASHEVILLE, INC., SUPERFUND SITE WAS THE LOCATION OF AN ELECTRONICS MANUFACTURING AND ELECTROPLATING FACILITY THAT OPERATED FROM 1952 UNTIL 1983. THE ELECTROPLATING PROCESS INVOLVED THE USE OF A VAPOR DEGREASER IN WHICH TCE WAS USED TO CLEAN PARTS TO BE PLATED. AS A RESULT OF EVERYDAY OPERATIONS OVER THE DECADES, THE GROUNDWATER AT THE SITE IS CONTAMINATED WITH CHLORINATED SOLVVENTS, SUCH AS TCE,CIE-1,2-DICHLOROETHENE (CIS-DCE), AND 1,1,1-TRICHLOROETHANE (TCA), WHICH ARE HAZARDOUS SUBSTANCES. TCE WAS DETECTED IN GROUNDWATER AT LEVELS WHICH EXCEED THE EPA DRINKING WATER STANDARD OF 5 PARTS PER BILLION. THESE CONTAMINANTS POSE A POTENTIAL RISK TO HUMAN HEALTH AND THE ENVIRONMENT, PARTICULARLY THROUGH AIR INHALATION AND/OR DRINKING WATER.

Defendants (3)

• CTS CORPORATIONNamed in complaintNamed in settlement
• MILLS GAP ROAD ASSOCIATESNamed in complaintNamed in settlement
• NORTHROP GRUMMAN SYSTEMS CORP.Named in complaintNamed in settlement

Facilities (1)

• CTS OF ASHEVILLE, INC

  235 MILLS GAP ROAD, ASHEVILLE, NC, 28803

  Registry ID: 110007657375

Statutes cited

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

Enforcement conclusions (1)

• CTS OF ASHEVILLE INC., SUPERFUND SITEentered 2017-03-07

  Primary law: CERCLA

Timeline (7 milestones)

• 2016-04-18PRN Sent
• 2016-05-04Enforcement Action Data Entered
• 2016-10-31Referred To Dept Of Justice
• 2016-11-22Final Order Lodged
• 2016-11-22Complaint Filed With Court
• 2017-03-07Concluded
• 2017-03-07Final Order Entered