EPA v. BASF CORP. AND OXY USA, INC.

Case summary

THIS REFERRAL WITH A CONSENT DECREE, PROVIDES FOR THE PAYMENT OF RESPONSE COSTS AND 106(B) PENALTIES AS FOLLOWS: BASF $90,000 RESPONSE COSTS, OXY $52,228 RESPONSE COSTS, TOTAL COSTS RECOVERED $142,228. CIVIL PENALTIES AWARDED AGAINST BASF ARE $54,000 AND AGAINST OXY $90,000. TOTAL PENALTIES EQUAL $144,000. THIS SETTLEMENT IS BEING REFERRED WITH A REQUEST FOR FILING A SEPERATE COST RECOVERY PENALTY AND TREBLE DAMAGES ACITON AGAINST 3 NON-SETTLORS, GENERATOR PRPS. BOTH THE COMLAINT AND CONSENT DECREE W/BASF AND OXY ARE BEING FILED ON 9/29/95. THERE WAS A PREVIOUS COST RECOVERY ACTION FILED AGAINST THESE PARTIES, BUT IT WAS DISMISSED BY THE COURT ON 8/22/94.

Defendants (2)

• BASF CORPORATION OF AMERICANamed in complaintNamed in settlement
• OXY USA INC.Named in complaintNamed in settlement

Facilities (2)

• CROSS BROTHERS PAIL RECYCLERS SITE

  SEC 15 PEMBROKE TWP 12 MI E OF KANKAKEE, KANKAKEE, IL, 60901

  Registry ID: 110009283685

• CROSS BROTHERS PAIL RECYCLERS SITE

  SEC 15 PEMBROKE TWP 12 MI E OF KANKAKEE, KANKAKEE, IL, 60901

  Registry ID: 110009283685

Statutes cited

• CERCLA 106B — Superfund
• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• BASF CORP. AND OXY USA, INC.entered 1997-10-24

  Primary law: CERCLA

  Federal penalty: $144,000

Timeline (7 milestones)

• 1991-01-01Enforcement Action Data Entered
• 1995-09-29Final Order Lodged
• 1995-09-29Referred To Dept Of Justice
• 1995-09-29Complaint Filed With Court
• 1997-10-24Final Order Entered
• 1997-10-28Concluded
• 1997-11-26Enforcement Action Closed