EPA v. ABERDEEN CONTAMINATED GROUNDWATER SITE (ABERDEEN, MOORE COUNTY, NORTH CAROLINA)

Case summary

JULY 17, 2024 - CASHOUT SETTLEMENT AGREEMENT This Settlement Agreement is entered into pursuant to the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. ? 9622(h)(1), which authority has been delegated to the Regional Administrators of the EPA by EPA Delegation No. 14-14-D (Cost Recovery Non-Judicial Agreements and Administrative Consent Orders) through the Director, Superfund Division (now known as the Superfund and Emergency Management Division), through the Deputy Director, Superfund Division, to the Chief, Superfund Enforcement and Information Management Branch (known in Region 4 as the Enforcement Branch). This Settlement Agreement is also entered into pursuant to the authority of the Attorney General of the United States to compromise and settle claims of the United States, which authority, in the circumstances of this settlement, has been delegated to the Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. This Settlement Agreement is made and entered into by EPA and LPC Holdings, Inc. (?Settling Party?). Settling Party consents to and will not contest the authority of the United States to enter into this Settlement Agreement or to implement or enforce its terms. By entering into this Settlement Agreement, the mutual objective of the Parties is to avoid difficult and prolonged litigation by allowing Settling Party to make a cash payment to address its alleged civil liability for the Site as provided in the Covenants by EPA in Section VIII, subject to the Reservations of Rights by EPA in Section IX. Settling Party shall pay to EPA the principal amount of $600,000. The payment shall be made within 30 days after the Effective Date and, if timely paid, shall include no Interest.

Defendants (1)

• LPC HOLDINGS, INC.Named in settlement

Facilities (1)

• ABERDEEN CONTAMINATED GROUND WATER

  HWY 211, OLD PEE DEE RD, BLUES BRG RD, ABERDEEN, NC, 28315

  Registry ID: 110013800066

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ABERDEEN CONTAMINATED GROUNDWATER SITE (ABERDEEN, MOORE COUNTY, NORTH CAROLINA)entered 2024-07-17

  Primary law: CERCLA

Timeline (2 milestones)

• 2024-07-17Final Order Issued
• 2024-07-22Enforcement Action Data Entered