THE REGIONAL ADMINISTRATOR SIGNED A FIRST ROUND DE MINIMIS CONSENT DECREE WITH 72 PARTIES, ALONG WITH A LETTER REFERRAL, UNDER WHICH THE AGENCY WILL RECEIVE APPROXIMATELY $890,000 TO RESOLVE THE PARTIES' CERCLA LIABILITY AT THE SITE, LOCATED IN CORAOPOLIS, MOON TOWNSHIP, ALLGHENY COUNTY, PENNSYLVANIA. EPA ESTABLISHED 150,000 GALLONS AS THE ELIGIBILITY CUTOFF FOR PARTICIPATION IN THE PROPOSED DE MINIMIS SETTLEMENTS. THE VOLUME OF 150,000 GALLONS REPRESENTS APPROXIMATELY 0.19% OF THE TOTAL VOLUME OF SITE WASTE, WHICH HAS BEEN ESTIMATED AS EXCEEDING 78 MILLION GALLONS.
IN 1997, THE REGION SENT A REFERRAL TO DOJ FOR THE FILING OF A COST RECOVERY ACTION UNDER SECTION 107(A) OF THE CERCLA FOR PAST COSTS INCURRED AND FOR A DECLARATION OF FUTURE LIABILITY FOR THE SITE. AS A RESULT, THE U.S. BROUGHT AN ACTION FOR SUCH RELIEF AGAINST 38 PARTIES IN THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA. THAT LITIGATION HAS BEEN SUSPENDED PENDING THE ISSUANCE OF DE MINIMIS SETTLEMENT OFFERS. THROUGH THIS LETTER REFERRAL, THE REGION REQUESTS THAT DOJ FILE, CONCURRENTLY WITH THE CONSENT DECREE, A COMPLAINT UNDER SECTION 107(A) FOR RECOVERY OF PAST AND ESTIMATED FUTURE COSTS FOR THE SITE (TOTALING OVER $23 MILLIOIN) AGAINST THE NON-FEDERAL SETTLING PARTIES. THE REGION REQUESTS THAT DOJ EXECUTE AND LODGE THE CONSENT DECREE IN THE WESTERN DISTRICT OF PA