EPA v. UNIROYAL PLASTICS HILL STREET

Case summary

A CERCLA 122(H) AGREEMENT WAS ENTERED INTO WITH THE UNIROYAL TECHNOLOGY CORPORATION. THE AGREEMENT PROVIDES THE SETTLING PARTY WITH CERTAIN COVENANTS NOT TO SUE UNDER CERCLA, 42 U.S.C.  9601 ET SEQ., AS AMENDED, AND SECTION 7003 OF RCRA, 42 U.S.C.  6973, AS AMENDED WITH RESPECT TO THE UNIROYAL HILL STREET SITE, LOCATED IN MISHAWAKA, INDIANA. THE KEY TERMS AND CONDITIONS OF THE AGREEMENT MAY BE BRIEFLY SUMMARIZED AS FOLLOWS: (1) THE SETTLING PARTY AGREES TO PAY $525,000 TO THE HAZARDOUS SUBSTANCES SUPERFUND IN SATISFAC- TION OF U.S. EPA'S ALLOWED GENERAL UNSECURED CLAIM OF $1,750,000; (2) THE SETTLING PARTY AGREES NOT TO ASSERT ANY CLAIMS OR CAUSES OF ACTION AGAINST THE U.S. OR ITS CONTRAC- TORS OR EMPLOYEES WITH RESPECT TO THE SITE OR THE AGREEMENT; (3) SUBJECT TO THE RESERVATIONS SPECIFIED IN THE AGREEMENT, U.S. EPA AFFORDS THE SETTLING PARTY A COVENANT NOT TO SUE FOR RECOVERY OF RESPONSE COSTS PURSUANT TO SECTION 107 OF CERCLA, 42 U.S.C.  9607(A), LIABILITY FOR INJUNCTIVE RELIEF OR ADMINISTRATIVE ORDER ENFORCEMENT PURSUANT TO SECTION 106 OF CERCLA, 42 U.S.C.  9606, LIABILITY FOR INJUNCTIVE RELIEF PURSUANT TO SECTION 7003 OF RCRA, 42 U.S.C.  6973, AND CON- TRIBUTION PROTECTION AS PROVIDED BY CERCLA SECTIONS 113 (F) (2) AND 122(H) (4), 42 U.S.C.  9613(F)(2) AND  9622 (H)(4) CONDITIONED UPON SATISFACTION OF OBLIGATIONS UNDER THE AGREE MENT. THE SITE IS NOT ON THE NPL. THE AGREEMENT WAS SIGNED BY THE REGIONAL ADMINISTRATOR ON JANUARY 12, 1999. THIS SITE IS STILL NOT CLOSED AS OF YET. I AM STILL WORKING ON A SETTLEMENT AGREEMENT WITH ANOTHER PARTY.

Defendants (1)

• UNIROYAL PLASTICS HILL STREETNamed in settlement

Facilities (3)

• MISHAWAKA CITY OF

  312 N HILL ST, MISHAWAKA, IN, 465440000

  Registry ID: 110000846158

• MISHAWAKA CITY OF

  312 N HILL ST, MISHAWAKA, IN, 465440000

  Registry ID: 110000846158

• MISHAWAKA CITY OF

  312 N HILL ST, MISHAWAKA, IN, 465440000

  Registry ID: 110000846158

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• UNIROYAL PLASTICS HILLentered 1999-03-01

  Primary law: CERCLA

Timeline (3 milestones)

• 1999-01-12Complaint Filed/Proposed Order
• 1999-03-01Final Order Issued
• 1999-03-02Enforcement Action Data Entered