EPA v. Fort Ord Reuse Athority AOC

Case summary

This is Administrative Order on Consent (AOC) concerning portions of the Fort Ord Superfund Site in Monterey, California. The Agreement was negotiated by Region 9, the United States Department of Justice (DOJ), the California Department of Toxic Substances Control (DTSC) and the Fort Ord Reuse Authority (FORA). The substance of the AOC concerns cleanup of approximately 3,500 acres of Fort Ord pursuant to CERCLA. The U.S. Army is required to perform the CERCLA response actions for the Site pursuant to a Federal Facilities Agreement (FFA); however, the Army is planning to transfer portions of the Site to FORA pursuant to the Early Transfer provisions of CERCLA. The FFA will be amended to suspend the obligations of the Army to conduct the response actions that will be undertaken by the FORA pursuant to the AOC. The AOC also includes covenants not to sue or to take administrative action against FORA, provided that FORA complies with all terms and conditions. The AOC also commits FORA to reimburse direct and indirect future response costs incurred by EPA and DTSC in connection with actions conducted under CERCLA at the transferred portions of the Site.

Defendants (1)

• Fort Ord Reuse Authority (Army)Named in complaintNamed in settlement

Facilities (1)

• FORT ORD

  FORMER ARMY BASE (NEAR HIGHWAY 68), MARINA, CA, 93933

  Registry ID: 110025217183

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• Fort Ordentered 2007-05-14

  Primary law: CERCLA

Timeline (4 milestones)

• 2007-05-14Final Order Issued
• 2007-05-14Enforcement Action Closed
• 2007-05-14Complaint Filed/Proposed Order
• 2007-07-24Enforcement Action Data Entered