EPA v. FOX RIVER NRDA/PCB RELEASES DE MINIMIS (CERCLA)

Case summary

IN THIS ACTION THE UNITED STATES AND THE STATE OF WISCONSIN SOUGHT TO RECOVER UNREIMBURSED COSTS INCURRED FOR RESPONSE ACTIVITIES UNDERTAKEN IN RESPONSE TO THE RELEASE AND THREATENED RELEASE OF HAZARDOUS SUBSTANCES FROM FACILITIES AT AND NEAR THE LOWER FOX RIVER AND GREEN BAY SITE IN NORTHEASTERN WISCONSIN AND DAMAGES FOR INJURY TO, LOSS OF, OR DESTRUCTION OF NATURAL RESOURCES IN ORDER TO COMPENSATE FOR AND RESTORE NATURAL RESOURCES INJURED BY THE RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT AT THE SITE. THE ELEVEN SETTLING DEFENDANTS ARE: GEORGE A. WHITING PAPER CO.; GREEN BAY METROPOLITAN SEWERAGE DISTRICT; GREEN BAY PACKAGING, INC.; HEART OF THE VALLEY METROPOLITAN SEWERAGE DISTRICT; INTERNATIONAL PAPER CO.; LAFARGE NORTH AMERICA INC.; LEICHT TRANSFER & STORAGE CO.; NEENAH FOUNDRY CO.; THE PROCTER & GAMBLE PAPER PRODUCTS CO., UNION PACIFIC RAILROAD CO.; AND WISCONSIN PUBLIC SERVICE CORP. THE CONSENT DECREE REFLECTS THE CONCLUSION OF THE UNITED STATES AND THE STATE OF WISCONSIN THAT EACH OF THE SETTLING DEFENDANTS QUALIFIES FOR TREATMENT AS A CERCLA SECTION 122(G) DE MINIMIS PARTY. THE CONSENT DECREE REQUIRES THE SETTLING DEFENDANTS TO PAY EPA AND DOI FOR PAST AND FUTURE SITE COSTS.

Defendants (11)

• GEORGE A. WHITING PAPER COMPANYNamed in complaintNamed in settlement
• WISCONSIN PUBLIC SERVICE CORP.Named in complaintNamed in settlement
• UNION PACIFIC RAILROAD COMPANYNamed in complaintNamed in settlement
• THE PROCTER & GAMBLE PAPER PRODUCTS CO.Named in complaintNamed in settlement
• NEENAH FOUNDRY COMPANYNamed in complaintNamed in settlement
• LEICHT TRANSFER AND STORAGE CO.Named in complaintNamed in settlement
• LAFARGE NORTH AMERICA INC.Named in complaintNamed in settlement
• INTERNATIONAL PAPER CO.Named in complaintNamed in settlement
• HEART OF THE VALLEY METROPOLITAN SEWERAGE DISTRICTNamed in complaintNamed in settlement
• GREEN BAY PACKAGING, INC.Named in complaintNamed in settlement
• GREEN BAY METROPOLITAN SEWERAGE DISTRICTNamed 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 107A — Cost Recovery
• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• FOX RIVER NRDA/PCB RELEASES DE MINIMIS (CERCLA)entered 2009-12-16

  Primary law: CERCLA

Timeline (5 milestones)

• 2009-06-19Referred To Dept Of Justice
• 2009-07-16Complaint Filed With Court
• 2009-08-26Enforcement Action Data Entered
• 2009-10-06Final Order Lodged
• 2009-12-16Final Order Entered