EPA v. ALLIED PAPER, INC./PORTAGE CREEK/KALAMAZOO RIVER - PLAINWELL IMPOUNDMENT AREA REMOVAL AOC (CERCLA)

Case summary

ON FEBRUARY 21, 2007, TWO ADMINISTRATIVE ORDERS ON CONSENT (AOCS) WERE SIGNED BETWEEN U.S. EPA AND THE POTENTIALLY RESPONSIBLE PARTIES (PRPS), MILLENNIUM HOLDINGS LLC AND GEORGIA-PACIFIC CORPORATION, FOR THE ALLIED PAPER/PORTAGE CREEK/KALAMAZOO RIVER SUPERFUND SITE, KALAMAZOO AND ALLEGAN COUNTIES, MICHIGAN. THE STATE OF MICHIGAN IS ALSO A PARTY TO ONE OF THE AOCS. UNDER THIS AGREEMENT, MILLENNIUM HOLDINGS LLC AND GEORGIA-PACIFIC CORPORATIONS WILL PERFORM AN ESTIMATED $21 MILLION CLEANUP OF THE PLAINWELL IMPOUNDMENT AREA UNDER A TIME-CRITICAL REMOVAL ACTION. APPROXIMATELY 132,000 CUBIC YARDS OF MATERIALS CONTAINING POLYCHLORINATED BIPHENYL (PCB)-CONTAMINATED PAPER RESIDUAL WILL BE REMOVED FROM THE RIVER SEDIMENTS, BANKS, AND FLOODPLAINS WITHIN THE IMPOUNDMENT AND DISPOSED OF AT THE ALLIED PAPER, INC., LANDFILL, WHICH IS ONE OF FOUR LANDFILLS AT THE SITE. THIS CLEANUP ACTION WILL BEGIN THIS SPRING.

Defendants (2)

• GEORGIA-PACIFIC, LLCNamed in complaintNamed in settlement
• MILLENNIUM HOLDINGS, LLCNamed in complaintNamed in settlement

Facilities (1)

• ALLIED PAPER, INC./PORTAGE CREEK/KALAMAZOO RIVER

  320 EAST ALCOTT STREET, KALAMAZOO, MI, 49003

  Registry ID: 110064311294

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ALLIED PAPER, INC./PORTAGE CREEK/KALAMAZOO RIVER - PLAINWELL IMPOUNDMENT AREA AOC (CERCLA)entered 2007-02-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2007-02-21Final Order Issued
• 2007-03-23Enforcement Action Data Entered