EPA v. ENVIRONMENTAL CONSERVATION AND CHEMICAL CORP.

Case summary

THIS COST RECOVERY SETTLEMENT RECOVERED $99,700.80 FROM 8 DE MINIMIS PARTIES AT THE ENVIRONMENTAL CONSERVATION AND CHEMICAL ( ENVIROCHEM OR ECC ) SITE IN ZIONSVILLE, INDIANA. THE SETTLEMENT RESOLVED THE CLAIMS OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( U.S. EPA ) UNDER SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SEC. 9606 AND 9607, AGAINST THESE POTENTIALLY RESPONSIBLE PARTIES ( PRPS ). EACH OF THE SETTLING PARTIES CONTRIBUTED LESS THAN 1% OF THE TOAL VOLUME OF HAZARDOUS SUBSTANCES SENT TO THE SITE. UNDER THE CONSENT DECREE, EACH SETTLING PRP WOULD PAY THE UNITED STATES A SPECIFIED SUM, INCLUDING A PREMIUM, BASED ON THE VOLUME OF HAZARDOUS SUBSTANCES IT CONTRIBUTED TO THE SITE, TO REIMBURSE THE SUPERFUND. THESE PARTIES SETTLED ON TERMS SIMILAR TO THOSE OFFERED TO PRIOR DE MINIMIS SETTLORS AT THE SITE. A GROUP OF 41 NON-DE MINIMIS PARTIES IS PERFORMING THE FINAL REMEDY AT THE ENVIROCHEM SITE, AND PAYING U.S. EPA'S ATTENDANT OVERSIGHT COSTS, UNDER A SEPARATE CONSENT DECREE WHICH WAS ENTERED ON SEPTEMBER 10, 1991. ALL STILL-EXISTENT DE MINIMIS PRPS WHO HAD BEEN IDENTIFIED BY EPA AT THE ENVIROCHEM SITE, AND WHO DID NOT PARTICIPATE IN THE PRIOR DE MINIMIS SETTLEMENTS, WERE INVITED TO PARTICIPATE IN THE PRESENT DECREE. OF THE 18 PRPS SERVED WITH THIS PROPOSAL, EIGHT SIGNED THE DECREE. THE OTHER PARTIES HAVE INDICATED THAT THEY ARE NOT VIABLE. UPON ENTRY OF THIS SETTLEMENT, U.S. EPA HAS RECOVERED APPROXIMATELY $4.7 MILLION IN COSTS AT ECC. THIS FIGURE SHOULD BE VERY CLOSE TO THE AMOUNT OF RESPONSE COSTS INCURRED. U.S. EPA WILL HAVE ALSO COMPELLED PRPS TO PERFORM ADDITIONAL CLEANUP WORK WORTH BETWEEN $6.4-11.4 MILLION AT ECC.

Defendants (1)

• ENVIRONMENTAL CONSERVATION AND CHEMICALNamed in complaintNamed in settlement

Facilities (1)

• ENVIROCHEM CORPORATION

  865 SOUTH STATE ROAD 421, ZIONSVILLE, IN, 46077

  Registry ID: 110006005241

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ENVIRONMENTAL CONSERVATIONentered 1994-10-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-09-19Enforcement Action Data Entered
• 1994-09-19Referred To Dept Of Justice
• 1994-10-30Final Order Lodged
• 1994-10-30Final Order Entered
• 1994-10-30Complaint Filed With Court
• 1994-12-14Concluded
• 1997-09-25Enforcement Action Closed