EPA v. OLD AMERICAN ZINC PLANT ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THIS ADMINISTRATIVE ORDER ON CONSENT (CONSENT: ORDER) IS ENTERED INTO VOLUNTARILY BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA), AND BLUE TEE CORP., AS SUCCESSOR TO. AMERICAN ZINC, LEAD AND SMELTING COMPANY AND AMERICAN ZINC COMPANY OF ILLINOIS, AND THE GENERAL SERVICES ADMINISTRATION (GSA), A FEDERAL AGENCY. THE CONSENT ORDER CONCERNS THE PREPARATION OF, PERFORMANCE OF, AND REIMBURSEMENT FOR ALL COSTS INCURRED BY EPA IN CONNECTION WITH A REMEDIAL INVESTIGATION AND A FEASIBILITY STUDY (RI AND FS OR RI/FS) FOR THE OLD AMERICAN ZINC (OAZ) SUPERFUND SITE IN FAIRMONT CITY, ILLINOIS AS WELL AS REIMBURSEMENT OF PAST RESPONSE COSTS (WITH THE EXCEPTION OF RESPONDENTS AS TO PAST RESPONSE COSTS INCURRED THROUGH THE EXECUTION OF THE REMOVAL ACTION ADMINISTRATIVE ORDER ON CONSENT). IN ADDITION, THIS CONSENT ORDER RESOLVES RESPONDENTS' CLAIMS AGAINST FEDERAL RESPONDENT RELATING TO THE FOLLOWING MATTERS REGARDING THE SITE: (A) RESPONDENTS' RESPONSE COSTS FOR RESPONSE ACTIONS UNDERTAKEN BY RESPONDENTS REGARDING THE SITE PURSUANT TO A SECTION 106 ADMINISTRATIVE ORDER ON CONSENT DATED MARCH 22, 2002 (REMOVAL AOC); (B) RESPONDENTS' RESPONSE COSTS REGARDING THE RI/FS TO BE PERFORMED BY RESPONDENTS AT THE SITE PURSUANT TO THIS CONSENT ORDER; AND (C) FEDERAL RESPONDENT'S LIABILITY FOR EPA'S FUTURE OVERSIGHT COSTS FOR THE RI/FS.

Defendants (2)

• BLUE TEE CORPORATIONNamed in complaintNamed in settlement
• GENERA SERVICES ADMINISTRATIONNamed in complaintNamed in settlement

Facilities (1)

• OLD AMERICAN ZINC PLANT

  JCT OF 45TH ST AND COOKSON ROAD, FAIRMONT CITY, IL, 62201

  Registry ID: 110071101377

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• OLD AMERICAN ZINC PLANT ADMIN ORDER ON CONSENT (CERCLA)entered 2005-06-06

  Primary law: CERCLA

Timeline (2 milestones)

• 2005-06-06Final Order Issued
• 2005-07-14Enforcement Action Data Entered