EPA v. NL INDUSTRIES, INC.

Case summary

SETTLORS ARE GENERATOR-PRPS WHO BROUGHT OLD BATTERIES AND OTHER LEAD-CONTAINING MATERIAL TO THE SITE FOR RECYCLING. SITE IS A LEAD SMELTER OWNED AND OPERATED BY NL INDUSTRIES. EMISSIONS FROM SMELTER CONTAMINATED THOUSANDS OF RESIDENCES, AS WELL AS SITE ITSELF AND GROUNDWATER. IN 1990, EPA ISSUED UAOS TO GENERATORS AND OWNERS WHO COLLECTIVELY REFUSED TO COMPLY. 1993 PRPS SUCCESSFULLY SUED FOR PRE-ENFORCEMENT REMEDY REVIEW, SPECIFICALLY ON ISSUE OF REQUIRED CLEANUP LEVELS. U.S. EPA ISSUED NEW DECISION DOCUMENT RE-AFFIRMING CLEANUP LEVELS OF 500 PPM AND BEGAN RD/RA. SETTLORS OFFER- ED TO PERFORM RD/RA, A SEP, AND PAY A PORTION OF PAST COSTS AND A PENALTY FOR UAO NONCOMPLIANCE AND SIGNED THIS CONSENT DECREE. NEGOTIATIONS CONTINUE WITH NL INDUSTRIES. GENERATOR/SETTLORS' CONSENT DECREE LODGED.

Defendants (7)

• NL INDUSTRIES, INC.
• LUCENT TECHNOLOGIES, INC.Named in complaintNamed in settlement
• ALLIED SIGNAL, INC.Named in complaintNamed in settlement
• EXIDE CORP.Named in complaintNamed in settlement
• GENERAL BATTERY CORP.Named in complaintNamed in settlement
• GNB TECHNOLOGIES, INC.Named in complaintNamed in settlement
• JOHNSON CONTROLS, INC.Named in complaintNamed in settlement

Facilities (2)

• NL INDUSTRIES, INC.

  16TH & CLEVELAND BOULEVARD, GRANITE CITY, IL, 62040

  Registry ID: 110000438759

• NL INDUSTRIES, INC.

  16TH & CLEVELAND BOULEVARD, GRANITE CITY, IL, 62040

  Registry ID: 110000438759

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• NL INDUSTRIES GENERATOR CDentered 2003-03-20

  Primary law: CERCLA

Timeline (6 milestones)

• 1999-07-08Referred To Dept Of Justice
• 1999-10-21Enforcement Action Data Entered
• 1999-11-09Final Order Lodged
• 1999-11-09Complaint Filed With Court
• 2003-03-20Final Order Entered
• 2016-02-01Supplemental Referral to DOJ for Consent Decree Enforcement-Sent