EPA v. CONSERVATION CHEMICAL COMPANY (CERCLA)

Case summary

'US EPA HAS A POTENTIAL CERCLA CLEANUP/COST RECOVERY CLAIMS AGAINTS BETHLEHEM STEEL CORPORATION FOR CONTAMINATION CAUSED BY BETHLEHEM''S DISPOSAL OF HAZARDOUS SUBSTANCES AT THE CONSERVATION CHEMICAL FACILITY. BETHLEHEM SIGNED AN AOC AND AMENDED AOC WITH A NUMBER OF OTHER PRPS. US EPA''S OVERSIGHT COSTS, (EXCLUDING APPORXIMATELY $75,000 IN CONTRACTOR COSTS THAT HAVE NOT YET BEEN BILLED TO THE SETTLING RESPONDENTS) HAVE BEEN PAID BY THE SETTLING RESPONDENTS. IT IS NOT KNOWN, HOWEVER, IF BETHLEHEM HAS PAID ITS FAIR SHARE OF THE COSTS THAT HAVE BEEN REIMBURSED TO THE AGENCY. IF IT HAS NOT DONE SO, THE OTHER SETTLING RESPONDENTS MAY HAVE A CLAIM IN BANKRUPTCY AGAINS BETHLEHEM FOR BETHLEHEM''S SHARE OF THE COSTS. THE SETTLING RESPONDENTS'' CLAIM WOULD BE CONTINGENT UPON THE US EPA''S CLAIM IN BANKRUPTCY. US EPA HAS THE AUTHORITY TO COLLECT THE $75,000 IN OVERSHIGHT COSTS FROM BETHLEHEM THAT HAVE NOT YET BEEN BILLED TO AND PAID BY THE SETTLING RESPONDENTS. THUS, USE EPA REFERRED THE MATTER TO DOJ OS THAT THE DEPARTMENT COULD FILE A PROOF OF CLAIM FOR RECOVERY OF PAST OVERSIGHT COSTS AND FUTURE UNBILLED CERCLA CLEANUP COSTS.' THE CLAIM RESOLVES CASES INVOLVING CAA - CHESTERTON FACILITY AND OTHER CASES FROM REGIONS 2,3 AND 7.

Defendants (1)

• BETHLEHEM STEEL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CONSERVATION CHEMICAL COMPANY

  6500 INDUSTRIAL HIGHWAY, GARY, IN, 46406

  Registry ID: 110016661209

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CONSERVATION CHEMICAL - BETHLEHEM STEEL BANKRUPTCYentered 2003-10-21

  Primary law: CERCLA

Timeline (5 milestones)

• 2002-09-25Referred To Dept Of Justice
• 2002-10-30Enforcement Action Data Entered
• 2003-09-10Complaint Filed With Court
• 2003-09-17Final Order Lodged
• 2003-10-21Final Order Entered