EPA v. NL INDUSTRIES/TARACORP LEAD SMELTER (DE MINIMIS)

Case summary

IN ACCORDANCE WITH SECTION 122(I) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED (``CERCLA''), 42 U.S.C. 9622(I), NOTICE IS HEREBY GIVEN OF A PROPOSED ADMINISTRATIVE SETTLEMENT FOR RECOVERY OF PAST AND PROJECTED FUTURE RESPONSE COSTS CONCERNING THE NL INDUSTRIES (TARACORP) SITE, WITH THE TOTAL OF 78 SETTLING PARTIES LISTED IN THE SUPPLEMENTARY INFORMATION PORTION OF THIS NOTICE. THE SETTLEMENT REQUIRES THE SETTLING PARTIES TO PAY $1,960,888.51 TO THE HAZARDOUS SUBSTANCE SUPERFUND. THE TOTAL COST OF THE CLEANUP IS APPROXIMATELY $63 MILLION. THIS NUMBER IS THE SUM OF EPA'S PAST COSTS OF APPROXIMATELY $43 MILLION, PLUS COSTS INCURRED BY CERTAIN POTENTIALLY RESPONSIBLE PARTIES OF APPROXIMATELY $20 MILLION. FOR PURPOSES OF SETTLEMENT, SITE COSTS HAVE BEEN ALLOCATED APPROXIMATELY 50% TO GENERATORS AND 50% TO OWNER/OPERATORS. SINCE ALL DE MINIMIS PARTIES ARE GENERATORS, THE DE MINIMIS PERCENTAGE SHARE OF SITE COSTS IS BASED ON FIFTY PERCENT OF TOTAL SITE COSTS, OR $30 MILLION. TOTAL FUTURE SITE COSTS WERE ASSIGNED A PREMIUM OF 20%. PAYMENT AMOUNTS FOR EACH DE MINIMIS GENERATOR'S PERCENTAGE SHARE OF VOLUME CONTRIBUTED TO THE SITE. UNDER THE TERMS OF THE SETTLEMENT, THE DE MINIMIS GENERATORS WHO SIGN THE CONSENT ORDER AGREE TO PAY THEIR RESPECTIVE SETTLEMENT AMOUNTS. IN EXCHANGE FOR THOSE PAYMENTS, THE UNITED STATES COVENANTS NOT TO SUE OR TAKE ADMINISTRATIVE ACTION PURSUANT TO SECTIONS 106 AND 107(A) OF CERCLA, 42 U.S.C. 9609 AND 9607(A), RELATING TO THE SITE. IN ADDITION, PARTICIPATING DE MINIMIS GENERATORS WILL BE ENTITLED TO PROTECTION FROM CONTRIBUTION ACTION OR CLAIMS AS PROVIDED BY SECTIONS 113(F) AND 122(G)(5) OF CERCLA, 42 U.S.C. 9613(F) AND 9622(G)(5), FOR ALL RESPONSE COSTS INCURRED AND TO BE INCURRED BY ANY PERSON AT THE SITE.

Defendants (78)

• MAYFIELD MANUFACTURING COMPANYNamed in complaintNamed in settlement
• A. EDELSTEIN & SONSNamed in complaintNamed in settlement
• A.O. SMITH CORPORATIONNamed in complaintNamed in settlement
• ACE COMB COMPANYNamed in complaintNamed in settlement
• ACME IRON & METAL CO.Named in complaintNamed in settlement
• GENERAL MILLS, INC./THE PILLSBURY COMPANYNamed in complaintNamed in settlement
• SCHERING--PLOUGH HEALTHCARE PRODUCTS, INC.Named in complaintNamed in settlement
• NEWMAN/ALLEN ENTERPRISES, INC.Named in complaintNamed in settlement
• COLLEGE OF THE OZARKSNamed in complaintNamed in settlement
• SCHUSTER METALS, INC.Named in complaintNamed in settlement
• SENSER METAL COMPANYNamed in complaintNamed in settlement
• SHAPIRO SALES COMPANYNamed in complaintNamed in settlement
• SHOSTAK IRON & METAL CO., INC.Named in complaintNamed in settlement
• WALLACH IRON & METAL COMPANYNamed in complaintNamed in settlement
• WILLOUGHBY IRON & WASTE MATERIAL CO.Named in complaintNamed in settlement
• WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATIONNamed in complaintNamed in settlement
• PARKANS INTERNATIONAL, INC.Named in complaintNamed in settlement
• SHERWIN--WILLIAMSNamed in complaintNamed in settlement
• RANKIN TECHNICAL INSTITUTENamed in complaintNamed in settlement
• CROWN CORK & SEAL CORPORATIONNamed in complaintNamed in settlement
• GENERAL SERVICES ADMINISTRATIONNamed in complaintNamed in settlement
• DEPARTMENT OF ENERGYNamed in complaintNamed in settlement
• BUREAU OF PRISONSNamed in complaintNamed in settlement
• MARTIN BROTHERS MILL & FOUNDRY SUPPLYNamed in complaintNamed in settlement
• MCKINLEY IRON, INC.Named in complaintNamed in settlement
• …and 53 more

Facilities (1)

• MAYCO MFG LLC

  1200 16TH ST, GRANITE CITY, IL, 62040-4495

  Registry ID: 110071101849

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• NL INDUSTRIES/TARACORP LEAD SMELTER (DE MINIMIS)entered 2004-05-06

  Primary law: CERCLA

Timeline (2 milestones)

• 2004-05-06Final Order Issued
• 2004-07-12Enforcement Action Data Entered