EPA v. GOULD ELECTRONICS

Case summary

ON DECEMBER 23, 1997, WE REQUESTED DOJ FILE A REMEDIAL ACTION CD WITH THE DISTRICT COURT FOR THE DISTRICT OF OREGON. THE CONSENT DECREE WOULD REQUIRED SETTLING DEFENDANTS TO IMPLEMENT THE REMEDIAL ACTION SELECTED FOR THE GOULD SITE. THESE ACTIONS INCLUDE EXCAVATION OF CONTAMINATED SOILS, SEDIMENTS AND OTHER WASTES AND PLACEMENTS OF THE WATES IN A RCRA-TYPE LANDFILL THAT WILL BE CONSTRUCTED ON-SITE. IN ADDITION THE OWNER SETTLING DEFENDANTS WILL BE REQUIRED TO PROVIDE THE EPA WITH AN EASEMENT AND RESTRICTIVE COVENANTS THAT WILL ALLOW EPA CONTINUED ACCESS TO THE SITE AND ENSURE THAT FUTURE LAND USES WITHIN THE SITE ARE CONSISTENT WITH THE REMEDY. EPA ESTIMATES THAT IT WILL COST THE SETTLING DEFENDANTS $16 MILLION TO IMPLEMENT THE REMEDY. THE CONSENT DECREE WILL ALSO REQUIRE THE SETTLING DEFENDANTS TO REINBURSE EPA FOR FUTURE RESPONSE COSTS IN EXCESS OF $100,000. THE CONSENT DECREE REQUIRES EPA TO FORGIVE PAYMENT OF $355,301 IN PAST RESPONSE COSTS AND $100,000 IN FUTURE RESPONSE COSTS. EPA FORGAVE $272,000 BASED ON ITS EVALUATION OF THE SITE'S ORPHAN SHRE. THE REMAINDER OF THE COST RECOVERY COMPROMISE IF BASED ON LITIGATION RISK.

Defendants (9)

• SCHNITZER INVESTMENT CORPORATIONNamed in complaintNamed in settlement
• THE BURLINGTON NORTHERN & SANTA FE RRNamed in complaintNamed in settlement
• ESCO CORPORATIONNamed in complaintNamed in settlement
• EXIDE, INC.Named in complaintNamed in settlement
• GOULD ELECTRONICS, INC.Named in complaintNamed in settlement
• JOHNSON CONTROLS, INC.Named in complaintNamed in settlement
• LUCENT TECHNOLOGIES, INC.Named in complaintNamed in settlement
• NL INDUSTRIES, INC.Named in complaintNamed in settlement
• RHONE-POULENC, INC.Named in complaintNamed in settlement

Facilities (1)

• GOULD INC

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

  Registry ID: 110010679523

Statutes cited

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

Enforcement conclusions (1)

• GOULD, INC.entered 1998-05-14

  Primary law: CERCLA

Timeline (6 milestones)

• 1997-12-23Referred To Dept Of Justice
• 1998-03-03Enforcement Action Data Entered
• 1998-03-10Final Order Lodged
• 1998-03-10Complaint Filed With Court
• 1998-05-14Final Order Entered
• 1998-05-14Concluded