EPA v. LOUISIANA PACIFIC CORPORATION

Case summary

LOUISIANA-PACIFIC CORPORATION ( L-P ) OWNS AND OPERATES A HARBOARD/MEDIUM DENSITY FIBERBOARD PLANT IN OROVILLE, CALIFORNIA ( THE OROVILLE FACILITY ). THAT OROVILLE SITE WAS LISTED ON THE NATIONAL PRIORITIES LIST ( NPL ) OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ) IN FEBRUARY 1986 AS A CONTAMINATED WASTE SITE REGULATED UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT ( CERCLA ). ON JULY 30, 1991, REGION IX'S HAZARDOUS WASTE MANAGEMENT DIVISION DIRECTOR ISSUED AN ORDER AGAINST L-P AFTER THE FAILURE OF SETTLEMENT NEGOTIATIONS. BRIEFLY, THE ORDER REQUIRES L-P TO CONDUCT VARIOUS STUDIES, INCLUDING ARSENIC AND SOIL STUDIES, AS WELL AS GROUND WATER MONITORING OVER THE NEXT SEVERAL YEARS. REGION IX IS PREPARING TO INITIATE A COST RECOVERY SUIT AGAINST L-P TO RECOVER APPROXIMATELY 3.8 MILLION DOLLARS IN PAST COSTS (EXCLUDING INTEREST) INCURRED IN CONDUCTING A REMEDIAL INVESTIGATION, AND ENDANGERMENT ASSESSMENT REPORT, AND A FEASIBILITY STUDY IN 1989 AND 1990. THE OFFICE OF ENFORCEMENT AND THE DEPARTMENT OF JUSTICE RECEIVED A PRE-REFERRAL LITIGATION REPORT FOR THE CERCLA VIOLATIONS ON DECEMBER 24, 1990. EPA CONDUCTED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS) FOR THE L-P SITE AFTER NEGOTIATIONS WITH L-P TO CONDUCT THE RI/FS PROVED UNSUCCESSFUL. THIS REFERRAL SEEKS ACTION UNDER CERCLA SECTION 107A OF CERCLA TO RECOVER AT LEAST $3,959,946 SPENT BY EPA (PLUS ADDITIONAL COSTS INCUR- RED TO LITIGATE THIS CLAIM AND PREJUDGMENT INTEREST). THIS SUIT WILL ALSO SEEK DECLARATORY JUDGMENT FOR ALL FUTURE RESPONSE COSTS TO BE INCURRED BY EPA INCLUDING OVERSIGHT OF THE REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) CURRENTLY BEING CONCLUDED BY L-P PURSUANT TO A SECTION 106 UNILATERAL ORDER.

Defendants (1)

• LOUISIANA PACIFIC CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LOUISIANA-PACIFIC CORP OROVILLE SAWMILL

  HWY 70 GEORGIA PACIFIC WAY, OROVILLE, CA, 95965

  Registry ID: 110008262539

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LOUSIANA-PACIFIC CORPORATIONentered 1996-01-18

  Primary law: CERCLA

Timeline (8 milestones)

• 1990-11-01Enforcement Action Data Entered
• 1990-12-24PRN Sent
• 1992-06-30Referred To Dept Of Justice
• 1992-12-04Complaint Filed With Court
• 1996-01-18Final Order Lodged
• 1996-01-18Final Order Entered
• 1996-01-18Concluded
• 1996-09-30Enforcement Action Closed