EPA v. FOX RIVER NRDA/PCB RELEASES - CONSENT DECREE FOR CASHOUT (CERCLA)

Case summary

This Consent Decree is to reach a final settlement among the Parties with respect to the Site pursuant to CERCLA that allows the Settling Defendants and the State to make a set of cash payments, including a premium, to resolve their alleged civil liability under Sections 106, 107, and 113 of CERCLA, 42 U.S.C. ?? 9606, 9607, and 9613, for performance of investigation, cleanup, and monitoring activities at the Site, for response costs incurred and to be incurred at or in connection with the Site, for compliance with the UAO, and for natural resource damages at the Site, thereby reducing litigation relating to the Site. The six Settling Defendants would pay a total of $54 million toward the response costs and natural resource damages associated with the Site. The State would pay an additional $100,000 to resolve its own potential CERCLA liability, as alleged in certain counterclaims asserted by some of the defendants in this case. This settlement resulted from more than two years of intensive mediation efforts conducted by the Honorable Aaron E. Goodstein. $1,375,000 (plus all accrued interest earned on $1,375,000 of the funds deposited in the Court Registry Account) ? or 2% of the funds in the Court Registry Account ? shall be disbursed to the United States and deposited in the Lower Fox River and Green Bay Superfund Site Special Account within the EPA Hazardous Substance Superfund.

Defendants (6)

• Menasha CorporationNamed in settlement
• Neenah-Menasha Sewerage CommissionNamed in settlement
• City of AppletonNamed in settlement
• CBC Coating Inc.Named in complaintNamed in settlement
• WTM I CompanyNamed in settlement
• U.S. Paper Mills CorporationNamed in settlement

Facilities (1)

• FOX RIVER NRDA/PCB RELEASES

  FOX RIVER AND GREEN BAY, GREEN BAY, WI, 54302

  Registry ID: 110009317284

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• FOX RIVER NRDA/PCB RELEASES - CONSENT DECREE FOR CASHOUT (CERCLA)entered 2015-02-06

  Primary law: CERCLA

Timeline (5 milestones)

• 2014-03-19Referred To Dept Of Justice
• 2014-03-26Final Order Lodged
• 2014-03-26Complaint Filed With Court
• 2014-03-27Enforcement Action Data Entered
• 2015-02-06Final Order Entered