EPA v. HORTON IRON AND METAL SUPERFUND SITE WILMINGTON, NC

Case summary

APRIL 8, 2025 - SETTLEMENT AGREEMENT EPA conducted a removal assessment at the Site in 2007 and an expanded investigation at the Site in 2009. These investigations detected numerous hazardous substances, including arsenic, lead, and cadmium, in soil and groundwater at the Site. The Site was placed on the National Priorities List (NPL) on September 16, 2011. Effective May 1, 2012, all downstream and midstream business operations of ConocoPhillips were transferred via a tax-free spinoff to Settling Party, which was separately incorporated in Delaware in November 2011. After the spinoff, Settling Party informed EPA that, solely as between Settling Party and ConocoPhillips, Settling Party was the relevant corporate entity for any further notices or communications with respect to the Site. Between 2013 and 2018, Settling Party, Horton, and the Estate of Josephine Horton (a prior owner of the Site property) conducted a remedial investigation/feasibility study (RI/FS) at the Site pursuant to an Administrative Settlement Agreement and Order on Consent with EPA. The RI identified lead, arsenic, cadmium, PCBs, SVOCs, and other hazardous substances in the soil, groundwater, and sediment. In 2016, contractors for Settling Party, Horton, and the Estate completed the installation of a cofferdam to address EPA?s concerns regarding the migration of contaminants from the boat slip sediments to surface water during the FS. This work, as well as the RI/FS, was performed under the supervision of EPA. The FS was finalized in April 2018. EPA selected a remedy for the Site in a Record of Decision (ROD) issued on September 6, 2018. The ROD provides for, among other things, excavation of soil, implementation of alkaline-activated persulfate to treat groundwater, and long-term monitoring. In response to the release or threatened release of hazardous substances at or from the Site, EPA undertook response actions at the Site pursuant to Section 104 of CERCLA, U.S.C. ? 9604, and will undertake additional response actions in the future. In performing these response actions, EPA has incurred response costs and will incur additional response costs in the future. EPA alleges that Settling Party is a responsible party pursuant to Section 107(a) of CERCLA, 42 U.S.C. ? 9607(a), and is jointly and severally liable for response costs incurred and to be incurred at the Site. EPA and Settling Party recognize that this Settlement Agreement has been negotiated in good faith and that this Settlement Agreement is entered into without the admission or adjudication of any issue of fact or law. The actions undertaken by Settling Party in accordance with this Settlement Agreement do not constitute an admission of any liability. Settling Party does not admit, and retains the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Settlement Agreement, the validity of the facts or allegations contained in this Section. This Settlement Agreement shall be binding upon EPA and upon Settling Party and its successors and assigns. Any change in ownership or corporate or other legal status of Settling Party, including but not limited to any transfer of assets or real or personal property, shall in no way alter Settling Party?s responsibilities under this Settlement Agreement. Each signatory to this Settlement Agreement certifies that he or she is authorized to enter into the terms and conditions of this Settlement Agreement and to bind legally the party represented by him or her.

Defendants (1)

• HORTON IRON AND METALNamed in settlement

Facilities (1)

• HORTON IRON AND METAL

  2216 US HIGHWAY 421 N, WILMINGTON, NC, 28401

  Registry ID: 110013800093

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• HORTON IRON AND METAL SUPERFUND SITE WILMINGTON, NCentered 2025-04-08

  Primary law: CERCLA

Timeline (2 milestones)

• 2025-04-08Final Order Issued
• 2025-04-21Enforcement Action Data Entered