EPA v. N L INDUSTRIES INC/GOULD INC

Case summary

THIS ACTION IS A RECOMMENDATION FOR LODGING OF PARTIAL CONSENT DECREE COVERING PRE-DESIGN STUDIES, REMEDIAL DESIGN AND PORTIONS OF REMEDIAL ACTION AT THE GOULD SUPERFUND SITE IN PORTLAND, OR. ALSO ENCLOSED IS A 'MINI' LITIGATION REPORT ANALYZING THIS DECREE IN TERMS OF EPA'S SETTLEMENT POLICY CRITERIA. THE DECREE WHICH HAS BEEN REVIEWED AND APPROVED BY DOJ AND EPA STAFF, INVOLVES A SETTLEMENT WITH N L INDUSTRIES INC FOR $2,250,000. TO SUPPORT THE PRE-DESIGN STUDIES, REMEDIAL DESIGN AND PARTIAL REMEDIAL ACTION AT THE SITE. A COVENANT NOT TO SUE IS PROVIDED ONLY FOR THE WORK THAT N L IS PERFORMING PURSUANT TO THIS DECREE. NO OTHER COVENANTS ARE PROVIDED. REGION 10 IS RECOMMENDING THAT THIS PROPOSED DECREE BE ACCEPTED AND FORMALLY EXECUTED BY THE GOVERNMENT. A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY OF THE GOULD INC SITE CONDUCTED BY PRP'S PURSUANT TO AN ADMINISTRA- TIVE ORDER ON CONSENT ISSUED BY EPA, WAS COMPLETED IN 2/88. EPA ISSUED A ROD IN 3/88, SETTING FORTH THE SELECTED REMEDIAL ACTION FOR THE SITE. SPECIAL NOTICE LETTERS WERE SENT TO PRP'S PURSUANT TO SECTION 122 OF CERCLA, 42 USC, 9622, INITIATING A NEGOTIATION MORATORIUM BETWEEN EPA AND THESE PARTIES. AFTER EXTENSIVE NEGOTIATIONS, THE ENCLOSED PARTIAL CONSENT DECREE HAS BEEN AGREED TO BY THE SETTLING DEFENDANT. BECAUSE OF SCHEDULING COMMITMENTS IN THIS PROPOSED DECREE AND IN ORDER FOR EPA TO MEET ITS LEGAL MANDATE FOR STARTING REMEDIAL ACTIONS AT THE SUPERFUND SITE, IT IS IMPORTANT THAT THIS DECREE BE LODGED AS SOON AS POSSIBLE. DEFENDANTS ARE OWNER/OPERATORS OF THIS HAZARDOUS WASTE FACILITY, WHICH IS A BATTERY GRAVEYARD AND LEAD SMELTING OPERATION.

Defendants (2)

• GOULD INCNamed in complaintNamed in settlement
• N L INDUSTRIES INCNamed in complaintNamed in settlement

Facilities (2)

• GOULD INC

  1.3 MI SE OF ST JOHNS BRG, PORTLAND, OR, 97210

  Registry ID: 110010679523

• GOULD ELECTRONICS INC

  5909 NW 61ST AVE, PORTLAND, OR, 97210

  Registry ID: 110004787393

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 122 — Superfund
• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• N L INDUSTRIES INCentered 1989-06-19

  Primary law: CERCLA

Timeline (9 milestones)

• 1988-05-07Enforcement Action Data Entered
• 1988-09-29Referred To Dept Of Justice
• 1988-11-08Returned To Region
• 1989-03-22Rereferred
• 1989-04-14Complaint Filed With Court
• 1989-06-19Final Order Lodged
• 1989-06-19Final Order Entered
• 1989-06-19Concluded
• 1993-11-12Enforcement Action Closed