EPA v. CLEVE REBER SUPERFUND SITE

Case summary

1. SECTION 122(H)(1) OF THE COMPREHENSIVE ENVIRONMENTAL RE- SPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ), AS A- MENDED ( CERCLA ), 42 U.S.C. SECTION 6922(H)(1. 2. CLEVE REBER SUPERFUND SITE SORRENTO, ASCENSION PARISH, LOUISIANA 70778 SETTLING PARTIES: VULCAN MATERIALS COMPANY, UNIROYAL CHEMICAL COMPANY, INC., NOVARTIS CROP PROTECTION, MONOCHEM, INC., AND RHONE- POULENC, INC. 3. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZ- ARDOUS SUBSTANCES AT OR FORM THE SITE, EPA UNDERTOOK RE- SPONSE ACTIONS AT THE SITE. THOSE ACTIONS INCLUDED, INTER ALIA, A SURFACE REMOVAL ACTION AND REMEDIAL INVESTIGA- TION/FEASIBILITY STUDIES. ON SEPT. 30, 1988, EPA ISSUED A UNILATERAL ADMINISTRATIVE ORDER (UAO) REQUIRING THE IM- PLEMENTATION OF THE REMEDIATION DESIGN FOR THE SITE AND THE PERFORMANCE OF OPERATION AND MAINTENANCE (O&M) SUB- SEQUENT TO COMPLETION OF IMPLEMENTATION OF THE REMEDY. THE SETTLING PARTIES ARE COMPLYING WITH THE ORDER, PER- FORMING THE ACTIONS INCLUDING WITHOUT LIMITATION O&M AS REQUIRED AT A COST OF IN EXCESS OF $53 MILLION TO DATE. IN PERFORMING THE RESPONSE ACTIONS AND IN OVERSSING THE EFFORTS OF THE SETTLING PARTIES TO COMPLY WITH THE ORDER, EPA INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA AND SETTLING PARTIES DESIRE TO RESOLVE SETTLING PAR- TIES' ALLEGED CIVIL LIABILITY FOR PAST RESPONSE COSTS AND O&M OVERSIGHT COSTS WITHOUT LITIGATION AND WITHOUT THE ADMISSION OR ADJUDICATION OF ANY ISSUE OF FACT OR LAW. 4. PURSUANT TO SECTION 122(H)(1) OF CERCLA, EPA AND THE SETTLING PARTIES ENTERED AN AGREEMENT FOR RECOVERY OF PAST COSTS AND O&M OVERSIGHT COSTS. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, THE SETTLING PARTIES SHALL PAY TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND A TOTAL OF $150,000 IN REIMBURSEMENT OF PAST RESPONSE COSTS AND WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREE- MENT, THE SETTLING PARTIES SHALL ALSO PAY TO THE EPA HAZ- ARDOUS SUBSTANCE SUPERFUND A TOTAL OF $210,000 FOR O&M OVERSIGHT COSTS.

Defendants (5)

• MONOCHEM, INC.Named in complaintNamed in settlement
• NOVARTIS CROP PROTECTIONNamed in complaintNamed in settlement
• RHONE-POULENC, INC.Named in complaintNamed in settlement
• UNIROYAL CHEMICAL COMPANY, INC.Named in complaintNamed in settlement
• VULCAN MATERIALS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CLEVE REBER

  SEC 36 T10S R3E, SORRENTO, LA, 70778

  Registry ID: 110009288626

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• CLEVE REBER SUPERFUND SITEentered 1998-09-18

  Primary law: CERCLA

Timeline (3 milestones)

• 1998-09-18Complaint Filed/Proposed Order
• 1998-09-18Final Order Issued
• 1998-09-21Enforcement Action Data Entered