EPA v. INTEL CORPORATION AND RAYTHEON COMPANY (MEW STUDY AREA)

Case summary

THE MEW SITE IS LOCATED IN SANTA CLARA COUNTY IN THE CITY OF MOUNTAIN VIEW, CALIFORNIA. THE MEW SITE CONSISTS OF TWO NATIONAL PRIORITY LIST ( NPL ) SITES, ONE PROPOSED NPL SITE, SEVERAL NON-NPL SITES, MOFFETT NAVAL AIR STATION (ANOTHER NPL SITE), AND NASA AMES RESEARCH CENTER, ALONG WITH LIGHT INDUSTRIAL, COMMERCIAL, AGRICULTURAL, RESIDENTIAL, AND MUNICIPAL LAND USES. VARIOUS OWNERS OR OCCUPANTS IN THE AREA AROUND THE INTERSECTION OF MIDDLEFIELD ROAD, ELLIS STREET, WHISMAN ROAD, AND THE BAYSHORE FREEWAY (U.S. HIGHWAY 101) ARE OR WERE INVOLVED IN THE MANUFACTURE OF SEMICONDUCTORS, METAL FINISHING OPERATIONS, PARTS CLEANING, AIRCRAFT MAINTENANCE, AND OTHER ACTIVITIES REQUIRING THE USE OF A VARIETY OF CHEMICALS. SIGNIFICANT QUANTITIES OF VOLATILE ORGANIC CHEMICALS WERE USED FOR DEGREASING, PROCESS OPERATING, AND GENERAL MAINTENANCE. PRODUCT AND WASTE SOLVENTS AND OTHER CHEMICALS WERE PIPED AND STORED IN UNDERGROUND TANKS, PIPELINES, AND SUMPS. CHEMICAL RELEASES OCCURRED, FOR THE MOST PART, BELOW THE GROUND SURFACE AND MIGRATED DOWNWARD INTO THE AQUIFER SYSTEMS. THE PRESENCE OF THESE CHEMICALS IN THE SUBSURFACE SOILS AND GROUNDWATER IS PRIMARILY THE RESULT OF LEAKS FROM THE SUBSURFACE TANKS AND LINES, SUMPS, CHEMICAL HANDLING AND STORAGE AREAS, AND UTILITY CORRIDORS. DURING 1981 AND 1982, SEVERAL OWNERS AND OCCUPIERS OF FACILITIES AT THE MEW SITE CONDUCTED PRELIMINARY INVESTIGATIONS ON AND NEAR THEIR FACILITIES AND FOUND SIGNIFICANT CONCENTRATIONS OF CONTAMINANTS IN THE SOIL AND THE GROUNDWATER. ON AUGUST 15, 1985, FAIRCHILD SEMICONDUCTOR CORPORATION, INTEL, AND RAYTHEON ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WITH EPA AND TWO CALIFORNIA STATE AGENCIES TO CONDUCT THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY ( RI/FS ) AT THE MEW SITE. THE RI WAS COMPLETED IN JULY 1988. A DRAFT FS AND EPA'S PROPOSED PLAN, WHICH SETS FORTH THE PROPOSED REMEDY, WERE PRESENTED TO THE PUBLIC FOR A 60-DAY REVIEW AND PUBLIC COMMENT PERIOD BEGINNING IN NOVEMBER 1988. EPA SIGNED THE RECORD OF DECISION ON JUNE 9, 1989 FOR THE FINAL SITE REMEDY. THE REFERRAL IS A REQUEST THAT THE DEPARTMENT OF JUSTICE FILE A COMPLAINT IN THIS MATTER, AS WELL AS CONCUR WITH THE PARTIAL CONSENT DECREE BETWEEN THE UNITED STATES OF AMERICA, ON BEHALF OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY ( EPA ), AND THE SETTLING DEFENDANTS, INTEL CORPORATION ( INTEL ) AND RAYTHEON COMPANY REACHED BETWEEN EPA, INTEL, AND RAYTHEON, AND ADDRESSES INTEL'S AND RAYTHEON'S RESPONSIBILITIES FOR THE CLEANUP OF THE MEW SITE, PURSUANT TO CERCLA SECTIONS 106, 107, AND 122, 42 U.S.C. 9606, 9607, AND 9622. THE CONSENT DECREE REQUIRES INTEL AND RAYTHEON TO (I) DESIGN, CONSTRUCT, AND INITIALLY OPERATE AND MAINTAIN THE REGIONAL GROUNDWATER REMEDIATION PROGRAM; (II) PAY 35% OF FUTURE COSTS FOR THE REGIONAL GROUNDWATER REMEDIATION PROGRAM; (III) DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN THE SOURCE CONTROL SYSTEMS AT EACH FACILITY THAT THE SETTLING PARTIES PRESENTLY OR FORMERLY OWNED OR OPERATED; AND (IV) PAY EPA'S PAST COSTS. EPA REGION IX WILL ISSUE CERCLA 106 ADMINISTRATIVE ORDERS TO THE NON-SETTLERS.

Defendants (17)

• NATIONAL SEMICONDUCTOR CORPORATION
• GENERAL INSTRUMENT CORP.
• FAIRCHILD SEMICONDUCTOR CORPORATION
• GOLDEN GATE INVESTMENTS
• GTE SYSTEMS GROUP
• INTEL CORPORATIONNamed in complaintNamed in settlement
• NASA - AMES
• NEC ELECTRONICS, INC.
• RAYTHEON COMPANYNamed in complaintNamed in settlement
• RENAULT & HANDLEY
• SCHLUMBERGER LTD.
• SCHLUMBERGER TECHNOLOGY CORPORATION
• SILTEC CORPORATION
• SOBRATO DEVELOPMENT COMPANIES
• SUMMIT CORP. OF AMERICA
• U.S. NAVY - MOFFETT NAS
• UNION CARBIDE

Facilities (1)

• M-E-W STUDY AREA

  SHERLAND AVE & N WHISMAN, MOUNTAIN VIEW, CA, 94043

  Registry ID: 110009329342

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• Consent Decree Amendment for Vapor Intrusion RD-RA Intel Corporation and Ratheon Co (Mew Study Areaentered 2012-03-06

  Primary law: CERCLA

• INTEL CORPORATION AND RAYTHEONentered 1992-04-10

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-09-27Enforcement Action Data Entered
• 1990-09-27Referred To Headquarters
• 1991-03-30Referred To Dept Of Justice
• 1991-05-09Complaint Filed With Court
• 2011-09-28Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2011-12-21Final Order Lodged
• 2012-03-06Final Order Entered