EPA v. FOX RIVER NRDA/PCB RELEASES ADMIN ORDER ON CONSENT - RD AT OU2-5 (CERCLA)

Case summary

THE PARTIES TO THIS SETTLEMENT ARE: FORT JAMES OPERATING COMPANY, NCR CORPORATION, WDNR, AND THE EPA. THE SETTLEMENT REQUIRES THE RESPONDENTS TO CONDUCT THE REMEDIAL DESIGN OF THE SELECTED REMEDY FOR OUS 2 TO 5. ALSO, WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AOC, WITH THE EFFECTIVE DATE BEGINNING WHEN THE RESPONDENTS RECEIVE A SIGNED COPY OF THE AOC, THE RESPONDENTS WILL PAY A TOTAL OF $600,000 FOR PAST COSTS INCURRED BY EPA AT THE SITE. THE MONEY WILL BE PLACED IN THE FOX RIVER SPECIAL ACCOUNT, WHICH HAS ALREADY BEEN ESTABLISHED PURSUANT TO THE RA CD FOR OU1. THOUGH THE RESPONDENTS ARE MAKING A PAYMENT FOR PAST COSTS INCURRED BY EPA, THEY DO NOT RECEIVE A RELEASE FROM UNRECOVERED PAST COSTS; ONLY A CREDIT FOR THE AMOUNT THEY ARE PAYING UNDER THE AOC. UNTIL THE RESPONSE AGENCIES APPROVE THE RD WORKPLAN, OR JUNE 15, 2004, WHICHEVER DATE COMES FIRST, EITHER OR BOTH RESPONDENTS CAN WITHDRAW FROM THE OBLIGATIONS TO PERFORM THE WORK UNDER AOC. THE RESPONDENTS REQUESTED THIS PROVISION SINCE THE RD WORKPLAN WAS NOT COMPLETED AT THE TIME THAT THEY EXECUTED THE AOC AND THE RESPONDENTS WERE CONCERN AS TO NOT KNOWING THE PRECISE SCOPE OF THE RD THAT THEY WERE AGREEING TO IMPLEMENT. HOWEVER, THE RESPONDENTS ARE REQUIRED TO PERFORM THE PRE-DESIGN SAMPLING AND ANALYSIS EVEN IF THEY CHOSE TO WITHDRAW FROM THE AOC. LASTLY, THE RESPONDENTS WILL RECEIVE A PAYMENT OF UP TO $6.5 MILLION PAYABLE FROM THE MONEY RECEIVED PURSUANT TO THE API/NCR DECREE FOR PERFORMANCE OF THE REMEDIAL DESIGN. HOWEVER, IF THE RESPONDENTS WITHDRAW FROM THE AOC, THEN THEY RECEIVE NONE OF THIS MONEY.

Defendants (2)

• NCR CORPORATIONNamed in complaintNamed in settlement
• FORT JAMES OPERATING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• FOX RIVER NRDA/PCB RELEASES

  FOX RIVER AND GREEN BAY, GREEN BAY, WI, 54302

  Registry ID: 110009317284

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• FOX RIVER NRDA/PCB RELEASES AOC - RD AT OU2-5entered 2004-03-03

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-03-03Final Order Issued
• 2004-03-26Enforcement Action Data Entered