EPA v. Casmalia Resources - Tier II de minimis AOC

Case summary

This is an administrative order on consent (AOC) under CERCLA 122(g) resolving the potential CERCLA 107 and RCRA 7003 liability of 25 de minimis generators of hazardous substances for costs incurred or to be incurred at the Casmalia Resources Superfund Site. The AOC resolves these parties' potential liability for the cost of response actions at the Site, estimated at approximately $284 million. The 25 parties collectively sent over 90 million pounds of waste to the Site, representing approximately 1.6% of the total Site waste. The settlement requires the parties to pay EPA $8.1 million in response costs. The settlement also resolves these 25 parties' potential liability to the State of California for response costs at the Site, and to the California Department of Fish and Game, and the U.S. Department of Interior (on behalf of the Fish and Wildlife Service) and National Oceanic and Atmospheric Administration, for potential natural resource damage claims at the Site. Casmalia is a former hazardous waste disposal facility that accepted approximately 5.6 billion pounds of waste from nearly 10,000 generators between 1974 and 1989. EPA has documented the release of hazardous substances into the environment at the Site, and has been responding to conditions since 1992. This settlement is one of a series of cashout settlements with major and de minimis parties intended to provide funding for continuing response actions at the Site.

Defendants (24)

• American National Can CompanyNamed in complaintNamed in settlement
• Baker PetroliteNamed in complaintNamed in settlement
• Beckman CoulterNamed in complaintNamed in settlement
• Borden, Inc.Named in complaintNamed in settlement
• CMS Energy CorporationNamed in complaintNamed in settlement
• Compaq Computer CorporationNamed in complaintNamed in settlement
• Continuous Coating CorporationNamed in complaintNamed in settlement
• Dresser IndustriesNamed in complaintNamed in settlement
• Ferro CorporationNamed in complaintNamed in settlement
• GTE CorporationNamed in complaintNamed in settlement
• Halliburton Energy ServicesNamed in complaintNamed in settlement
• Hewlett Packard Co.Named in complaintNamed in settlement
• Kellogg Brown & RootNamed in complaintNamed in settlement
• Lincoln Property CompanyNamed in complaintNamed in settlement
• PGP Industries Inc.Named in complaintNamed in settlement
• PPG Industries, Inc.Named in complaintNamed in settlement
• Quemetco, Inc.Named in complaintNamed in settlement
• Ryder Truck Rental Inc.Named in complaintNamed in settlement
• Santa Cruz Lumber Co.Named in complaintNamed in settlement
• Semtech CorporationNamed in complaintNamed in settlement
• TDY IndustriesNamed in complaintNamed in settlement
• The BNSF Railway CompanyNamed in complaintNamed in settlement
• United Parcel ServiceNamed in complaintNamed in settlement
• Weyerhaeuser CompanyNamed in complaintNamed in settlement

Facilities (1)

• CASMALIA RESOURCES

  NTU RD-539 SAN YSIDRO RD, CASMALIA, CA, 93429

  Registry ID: 110009267532

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Casmalia Tier II - Administrative Order on Consententered 2003-09-29

  Primary law: CERCLA

Timeline (3 milestones)

• 2003-09-29Final Order Issued
• 2003-09-29Complaint Filed/Proposed Order
• 2003-10-10Enforcement Action Data Entered