EPA v. Puente Valley Site, Valley Proctor CD for Cost Recovery

Case summary

The United States of America ( United States ), on behalf of the Administrator of the United States Environmental Protection Agency ( EPA ), and the State of California Department of Toxic Substances Control (“DTSC”), have filed a complaint in this matter pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA ), 42 U.S.C. § 9607, seeking reimbursement of response costs incurred for response actions taken at or in connection with the release or threatened release of hazardous substances at the Puente Valley Operable Unit ( PVOU ) of the San Gabriel Valley Superfund Site, Area 4, Los Angeles County, California (the Site ). This Consent Decree provides for the reimbursement of a portion of the United States’ Past Response Costs and a portion of the DTSC’s Past Response Costs at this Site by Valley-Proctor LLC (f/k/a Valley Proctor Partnership) (“Settling Defendant”). On April 13, the Central District of California entered a Consent Decree with Valley-Proctor LLC relating to the Puente Valley Operable Unit of San Gabriel Valley Area 4 (“PVOU”). The Consent Decree requires the Settling Defendant to pay $550,000 to EPA from the proceeds of the sale of the property and $5,000 to DTSC in exchange for a covenant not to sue and contribution protection for the Interim Record of Decision (“ROD”), as modified by the June 2005 Explanation of Significant Differences (“ESD”). The Consent Decree reserves the United States right to sue the Settling Defendant for the final ROD and is subject to the standard reservation of rights.

Defendants (1)

• Valley Proctor LLCNamed in complaintNamed in settlement

Facilities (1)

• SAN GABRIEL VALLEY (AREA 4)

  STIMSON AVE & OLD VALLEY BLVD, LA PUENTE, CA, 91744

  Registry ID: 110009267907

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Puente Valley Site, Valley Proctor CD for Cost Recoveryentered 2009-04-27

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-09-29Referred To Dept Of Justice
• 2008-09-30Enforcement Action Data Entered
• 2009-02-25Complaint Filed With Court
• 2009-02-25Final Order Lodged
• 2009-04-27Final Order Entered