EPA v. Jorgensen Forge BFPP (Lower Duwamish Waterway site)

Case summary

On November 11, 2016, the Region 10 Regional Administrator signed a Settlement Agreement and Order on Consent for Removal Action by Bona Fide Prospective Purchaser Agreement with Star Forge, LLC. The BFPP Settlement Agreement will also be signed by the Assistant Attorney General. The current owner of the subject property, the Jorgensen Forge Corporation, is selling its assets, including the subject property located in Tukwila, Washington, to Star Forge, LLC pursuant to Section 363 of the US Bankruptcy Code. The asset sale is approved by a Court Order that allows Star Forge to void the sale if it does not adequately address potential environmental liability related to the subject property and the Lower Duwamish Waterway Superfund Site. The property is located within the Lower Duwamish Waterway Superfund Site. The seller operates a specialized metal forging manufacturing plant on the property and employs 111 metal workers. Absent the bankruptcy sale, the seller would cease its operations. Star Forge, LLC will continue these operations after its purchase. Pursuant to the BFPP Settlement Agreement Star Forge, LLC will: (1) perform a removal action; and (2) pay $500,000 to an escrow account that will, by a date certain, disburse funds to potentially responsible parties who enter into a future Lower Duwamish Waterway remedial design and/or remedial action settlement, or as instructed by the United States. In return the United States will provide Star Forge, LLC with a covenant not to sue for CERCLA sections 106 & 107 claims based on Existing Contamination as defined by the BFPP Settlement Agreement.

Defendants (1)

• Constellation Enterprises LLCNamed in settlement

Facilities (1)

• LOWER DUWAMISH WATERWAY

  RK 2.5 TO RK 10.8, SEATTLE, WA, 98168

  Registry ID: 110009259729

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• Jorgensen Forge BFPP (Lower Duwamish Waterway site)entered 2016-11-18

  Primary law: CERCLA

Timeline (2 milestones)

• 2016-11-18Final Order Issued
• 2016-12-07Enforcement Action Data Entered