EPA v. NAVAL INDUSTRIAL RESERVE ORDNANCE PLANT CONSENT DECREE CERCLA

Case summary

THE UNITED STATES BROUGHT CIVIL CLAIMS UNDER SECTIONS 107 AND 113(G)(2) OF CERCLA, 42 U.S.C. 9607 AND 9613(G)(2), AGAINST FMC CORPORATION (``FMC'') AND BAE SYSTEMS LAND & ARMAMENTS, LLP (``BAE SYSTEMS'') (COLLECTIVELY, ``SETTLING DEFENDANTS') FOR RECOVERY OF RESPONSE COSTS INCURRED AND TO BE INCURRED BY THE UNITED STATES AT THE SITE. THE PROPOSED CONSENT DECREE REQUIRES FMC AND BAE SYSTEMS TO REIMBURSE THE UNITED STATES $4.14 MILLION IN PAYMENT OF THE NAVY'S RESPONSE COSTS, AND $460,000 IN PAYMENT OF EPA'S RESPONSE COSTS, INCURRED AT THE SITE. A PORTION, $850,000, OF THE TOTAL PAYMENT HAS BEEN DESIGNATED AS ``CONSENT DECREE UNALLOWED COSTS'' UNDER SETTLING DEFENDANTS' FEDERAL CONTRACTS.

Defendants (2)

• BAE SYSTEMS LAND & ARMAMENTS, LPNamed in complaintNamed in settlement
• FMC CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• BAE SYSTEMS - NAVAL SEA SYSTEM COMMAND (FMC)

  4800 RIVER RD E, FRIDLEY, MN, 55421-1402

  Registry ID: 110033144274

• BAE SYSTEMS - NAVAL SEA SYSTEM COMMAND (FMC)

  4800 RIVER RD E, FRIDLEY, MN, 55421-1402

  Registry ID: 110033144274

• BAE SYSTEMS - NAVAL SEA SYSTEM COMMAND (FMC)

  4800 RIVER RD E, FRIDLEY, MN, 55421-1402

  Registry ID: 110033144274

• BAE SYSTEMS - NAVAL SEA SYSTEM COMMAND (FMC)

  4800 RIVER RD E, FRIDLEY, MN, 55421-1402

  Registry ID: 110033144274

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• NAVAL INDUSTRIAL RESERVE ORDNANCE PLANT CONSENT DECREE CERCLAentered 2008-12-30

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-11-26Referred To Dept Of Justice
• 2008-12-01Complaint Filed With Court
• 2008-12-03Final Order Lodged
• 2008-12-30Final Order Entered
• 2009-02-02Enforcement Action Data Entered