EPA v. NATIONAL FIREWORKS OU2 (SECURITY SIGNALS, INC.)

Case summary

9/15/2020 -The United States proposes to enter into a Consent Decree (CD) under Sections 106, 107 and 122 of CERCLA for the implementation of the OU2 Remedial Design (RD) / Remedial Action (RA), recovery of OU2 past costs and a portion of Sitewide past costs, and recovery of future response costs at OU2 of the National Fireworks Site in Cordova, Shelby County, Tennessee. The Settling Defendant is Security Signals, Inc. (SSI) and the Settling Federal Agency is the U.S. Department of Defense. In addition to the U.S. EPA, the State of Tennessee is a signatory to the CD. The National Fireworks Site is a 260-acre site located in an active industrial park east of Memphis, Tennessee. Historical Site operations principally involved the manufacture of commercial pyrotechnics. During World War I, World War II, the Korean War, and the Vietnam War, the Site operated as a munitions manufacturer for the U.S. Department of Defense. The long-term cleanup plan for the Site involves two Operable Units (OUs). SSI?s 22-acre real property, and the extent of groundwater and subsurface contamination resulting from three plumes of chlorinated solvents (?Plumes C, D, and E?) has been delineated as Operable Unit Two (?OU2?). The remainder of the Site has been delineated as Operable Unit One (?OU1?). Pursuant to the proposed settlement, the Settling Defendant agrees to pay a portion of EPA?s Past Response Costs, perform the OU2 RD/RA, and pay all of EPA?s OU2 Future Response Costs. The OU2 remedy is valued at $3.4 million. 7/9/20 - PROPOSED CONSENT DECREE FOR REMEDIAL DESIGN AND REMEDIAL ACTION AT OPERABLE UNIT TWO OF THE CORDOVA, TENNESSEE NATIONAL FIREWORKS SUPERFUND ALTERNATIVE SITE - Region 4 proposes to enter into a Consent Decree (CD) under Sections 106, 107 and 122 of CERCLA for the implementation of the OU2 Remedial Design (RD) / Remedial Action (RA), recovery of OU2 past costs and a portion of Sitewide past costs, and recovery of future response costs at OU2 of the National Fireworks Site in Cordova, Shelby County, Tennessee. The Settling Defendant is Security Signals, Inc. (SSI) and the Settling Federal Agency is the U.S. Department of Defense. In addition to the U.S. EPA, the State of Tennessee is a signatory to the proposed CD. The National Fireworks Site is a 260-acre site located in an active industrial park east of Memphis, Tennessee. Historical Site operations principally involved the manufacture of commercial pyrotechnics. During World War I, World War II, the Korean War, and the Vietnam War, the Site operated as a munitions manufacturer for the U.S. Department of Defense. The long-term cleanup plan for the Site involves two Operable Units (OUs). SSI?s 22 acre real property, and the extent of groundwater and subsurface contamination resulting from three plumes of chlorinated solvents (?Plumes C, D, and E?) has been delineated as Operable Unit Two (?OU2?). The remainder of the Site, which contains two contaminated groundwater plumes (Plumes A and B), a former burn pit area, and all other Site-related contamination, has been delineated as Operable Unit One (?OU1?). Pursuant to the proposed settlement, the Settling Defendant agrees to pay a portion of EPA?s Past Response Costs, perform the OU2 RD/RA, and pay all of EPA?s OU2 Future Response Costs. The OU2 remedy is valued at $3.4 million.

Defendants (1)

• SECURITY SIGNALS, INCNamed in complaintNamed in settlement

Facilities (1)

• NATIONAL FIREWORKS

  9400-9600 MACON ROAD, CORDOVA, TN, 38018

  Registry ID: 110009312528

Statutes cited

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

Enforcement conclusions (1)

• NATIONAL FIREWORKS OU2 (SECURITY SIGNALS, INC.)entered 2020-11-04

  Primary law: CERCLA

Timeline (7 milestones)

• 2015-04-22PRN Sent
• 2020-07-09Referred To Dept Of Justice
• 2020-07-30Enforcement Action Data Entered
• 2020-09-15Complaint Filed With Court
• 2020-09-15Final Order Lodged
• 2020-11-04Final Order Entered
• 2020-11-04Concluded