EPA v. OESER COMPANY

Case summary

The Oeser Superfund Site (Site) is an operating wood-treating facility that has been and is continuing to be operated by The Oeser Company. This Site comprises approximately 26 acres located near the City of Bellingham in Washington State. Contaminants of concern include pentachlorophenol (PCP), dioxins and polynuclear aromatic hydrocarbons (PAHs). Pursuant to the terms of the consent decree, The Oeser Company (Oeser) has agreed to fully perform the remedial action set forth in the Record of Decision (ROD) for the Oeser Site and has set aside funds for the cleanup in a combination of a trust account and control account. Oeser has also agreed to pay a significant portion of EPA�s past costs and all of EPA�s future oversight costs associated with the implementation of the remedy. The consent decree provides that The Oeser Company will perform the entire cleanup of the Oeser property, including long-term operation and maintenance for the site (estimated to range from $3,610,000 to $6,100,000). The consent decree also provides that The Oeser Company will pay EPA $8.6 million in reimbursement of a significant portion of EPA�s past and interim costs (estimated to be approximately $14,902,650). In addition, Oeser will pay $500,000 to a trust for performance of cleanup in adjoining Little Squalicum Creek by the City of Bellingham. Specific terms of the settlement include the following: � The settlement includes a commitment to perform all of the required cleanup, including long-term operations and maintenance for the Oeser Site. � The settlement provides for reimbursement to EPA for all Future Response Costs. � The settlement establishes financial assurance mechanisms to assure that the funds for cleanup and EPA�s future response costs will be available by establishing a trust account and control account that govern the management and use of $6,190,000 insurance proceeds set aside for cleanup. � The settlement provides for a significant recovery of EPA�s past and interim costs incurred at this Site. The recovery of $8,600,000 for past and interim costs from the insurance carriers represents a significant recovery. � The settlement provides for $500,000 to be paid to a Trust for performance of a state-lead cleanup by the City of Bellingham in the adjoining Little Squalicum Creek area. Any amount remaining after 7 years is to be paid to the EPA Superfund. � The settlement provides EPA with access to conduct necessary studies, monitoring, and the remedial action on property owned or controlled by The Oeser Company. � The settlement provides that The Oeser Company will implement necessary land or water use restrictions.

Defendants (1)

• OESER CO.Named in complaintNamed in settlement

Facilities (1)

• THE OESER COMPANY

  730 MARINE DR, BELLINGHAM, WA, 98225

  Registry ID: 110000490031

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• OESER COMPANYentered 2005-11-07

  Primary law: CERCLA

Timeline (7 milestones)

• 2005-05-18Referred To Dept Of Justice
• 2005-05-18Referred To Headquarters
• 2005-06-07Enforcement Action Data Entered
• 2005-08-30Complaint Filed With Court
• 2005-09-01Final Order Lodged
• 2005-11-07Enforcement Action Closed
• 2005-11-07Final Order Entered