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

Case summary

2015: The proposed Consent Decree memorializes an agreement by NCR Corporation and Georgia-Pacific Consumer Products LP to fund and perform an estimated $67 million in remediation work at the Site in 2015, as outlined in a 2015 Remedial Action Work Plan that EPA has approved in accordance with its 2007 Unilateral Administrative Order for remedial action at the Site. This Consent Decree supplements and facilitates implementation of the UAO without superseding, replacing, or terminating the UAO. The Plaintiffs seek 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 Superfund Site in northeastern Wisconsin. The Plaintiffs also seek a declaratory judgment that the Defendants are liable for future response costs that the United States or the State may incur in connection with response actions that may be performed at the Site. Finally, the United States seeks injunctive relief and a declaratory judgment requiring specified Defendants to comply with a Unilateral Administrative Order issued by EPA in November 2007, which required certain parties to implement response actions that EPA determined are necessary to protect public health and welfare and the environment. 2013: Declaratory judgment and injunction in favor of the United States and against the following Defendants: NCR Corporation (?NCR?), CBC Coating, Inc., Georgia-Pacific Consumer Products LP, Menasha Corporation (?Menasha?), P.H. Glatfelter Co. (?Glatfelter?), U.S. Paper Mills Corp., and WTM I Company. The judgment finds each defendant jointly and severally liable for compliance with all of the requirements in EPA?s 2007 Administrative Order for Remedial Action (?UAO?), and the injunction enjoins each defendant to comply with all of the requirements of the UAO. The court rejected the different defendants? divisibility arguments finding that each defendant had failed to show that it had not contributed sufficient amounts alone to require remediation or that the defendant was not a necessary cause of the total amount discharged that required remediation of the river. IN 2010, THE U.S. FILED A CERCLA 106/107 COMPLAINT AGAINST SEVERAL POTENTIALLY RESPONSIBLE PARTIES AT THE LOWER FOX RIVER AND GREEN BAY SUPERFUND SITE. THE COMPLAINT SEEKS RECOVERY OF THE GOVERNMENT?S PAST AND FUTURE COSTS, COMPLIANCE WITH THE REMEDIAL ACTION SET FORTH IN EPA?S NOVEMBER 2007 UAO, AND RECOVERY OF NATURAL RESOURCE DAMAGES. A PROPOSED CONSENT DECREE WITH GEORGIA-PACIFIC CONSUMER PRODUCTS LP WAS ALSO FILED AND LODGED. A PROPOSED CONSENT DECREE WITH BROWN COUNTY AND THE CITY OF GREEN BAY HAS ALSO BEEN LODGED. 1) Brown County and Green Bay owe $350,000 each and their $700,000 is already earning interest in a Court Registry account. Of that amount, $105,000 (plus corresponding interest) goes to EPA and $595,000 (plus corresponding interest) goes to DOI. 2) Settling Federal Agencies owe another $4,500,000, plus interest. Of that amount, $745,000 (plus corresponding interest) goes to the State and $3,755,000 (plus corresponding interest) goes to DOI. 3) All the money going to DOI is a joint U.S./State/Tribal recovery so there should be no 3% deduction. 4) The payment timing will be a little uncertain because we need to wait 60 days to see if this is appealed and then we need a separate order from the Judge authorizing the payment out of the Court registry account.

Defendants (14)

• Appleton Papers Inc.Named in complaint
• WTM I Company FKA Wisconsin Tissue Mills, Inc.Named in complaintNamed in settlement
• U.S. Paper Mills Corp.Named in complaintNamed in settlement
• P.H. Glatfelter CompanyNamed in complaintNamed in settlement
• NCR CorporationNamed in complaintNamed in settlement
• Menasha CorporationNamed in complaintNamed in settlement
• Georgia-Pacific Consumer Products, LP FKA Ft JamesNamed in complaintNamed in settlement
• CBC Coating, Inc. FKA Riverside Paper CorporationNamed in complaintNamed in settlement
• CITY OF GREEN BAYNamed in complaintNamed in settlement
• BROWN COUNTYNamed in complaintNamed in settlement
• KIMBERLY-CLARK CORPORATIONNamed in complaint
• NEWPAGE WISCONSIN SYSTEMS, INC.
• NEENAH-MENASHA SEWERAGE COMMINamed in complaint
• CITY OF APPLETONNamed in complaint

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

Enforcement conclusions (4)

• FOX RIVER NRDA/PCB RELEASES LITIGATION (CERCLA)entered 2016-05-10

  Primary law: CERCLA

• FOX RIVER NRDA/PCB RELEASES LITIGATION (CERCLA)entered 2013-05-01

  Primary law: CERCLA

• FOX RIVER NRDA/PCB RELEASES LITIGATION (CERCLA)entered 2013-06-26

  Primary law: CERCLA

• FOX RIVER NRDA/PCB RELEASES LITIGATION (CERCLA)entered 2011-04-04

  Primary law: CERCLA

Timeline (8 milestones)

• 2010-03-08Referred To Dept Of Justice
• 2010-04-07Enforcement Action Data Entered
• 2010-09-15Supplemental Referral-Adding parties, counts
• 2010-10-14Complaint Filed With Court
• 2010-12-01Amended Complaint
• 2015-04-07Supplemental Referral-Other
• 2015-04-09Final Order Lodged
• 2016-05-10Final Order Entered