EPA v. ALLIED PAPER/PORTAGE CREEK PPA

Case summary

PPA WITH PROSPECTIVE LESSEES BUILDING MATERIALS CORP. OF AMERICA AND GAF KALAMAZOO ACQUISITION CORP., IN WHICH THE SETTLING PARTIES WILL CONDUCT RESPONSE ACTIVITIES WORTH APPR OXIMATELY $136,000 IN EXCHANGE FOR A COVENANT NOT TO SUE UNDER SECTIONS 106 AND 107 OF CERCLA AND SECTION 7003 OF RCR A FROM BOTH THE US AND THE MICHIGAN DEPT OF ENVIRONMENTAL QUALITY. IN ADDITION, THE DOI HAS COVENANTED NOT TO SUE FOR NATURAL RESOURCE DAMAGES. THE SETTLING PARTIES INTENS TO LEASE 2 MILLS AT THE ALLIED PAPER/PORTAGE CREEK/ KALAMAZOO RIVER SUPERFUND SITE, AND IMMEDIATELY EMPLOY BETWEEN 35 AND 55 PEOPLE IN THIS BROWNFIELDS AREA. ADDITIONALLY, THE COMPANIES WILL INVEST SEVERAL MILLION DOLLARS IN IMPROVEMENTS AT THE MILLS.

Defendants (2)

• GAF KALAMAZOO ACQUISITION CORP.Named in settlement
• BUILDING MATERIALS CORP. OF AMERICANamed in settlement

Facilities (1)

• ALLIED PAPER, INC./PORTAGE CREEK/KALAMAZOO RIVER

  320 EAST ALCOTT STREET, KALAMAZOO, MI, 49003

  Registry ID: 110064311294

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• ALLIED PAPER/PORTAGE CREEKentered 1998-03-18

  Primary law: CERCLA

Timeline (2 milestones)

• 1998-03-18Final Order Issued
• 1998-10-28Enforcement Action Data Entered