REFERENCED CHAPTER 11 BANKRUPTCY ACTION. THE CLAIM ARISES UNDER SECTION 107(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, (CERCLA), 42 U.S.C. SECTION 9607(a), FOR RESPONSE COSTS INCURRED OR TO BE INCURRED BY THE UNITED STATES IN CONNECTION WITH THE SAUER DUMP SITE IN DUNKALK, BALTIMORE COUNTY, MARYLAND AND THE 68TH STREET DUMP SITE, LOCATED IN THE BALTIMORE/ROSEDALE AREA OF BALTIMORE COUNTY, MARYLAND.
SMUFIT-STONE OPERATES A KRAFT PULP MILL SUBJECT TO THE PULP AND PAPER MACT, 40 CFR PART 63, SUBPART S. STONE SENDS ITS CONDENSATE WASTEWATER TO THE HOPEWELL POTW VIA CLOSED PIPE. UNDER 40 CFR 63.446(e)(3), HOPEWELL POTW IS SUPPOSED TO REMOVE 92% OF HAPs FROM STONE'S WASTEWATER INI ITS BIOLOGICAL TREATMENT UNIT. HOPEWELL HAS NOT PROPERLY CLASSIFIED ITS UNOX AS AN OPEN BIOLOGICAL TREATMENT UNIT, AND THEREFORE IMPLEMENTED THE WRONG TESTING AND MONITORING REQUIREMENTS TO DETERMINE COMPLIANCE. THEREFORE, STONE CAN NOT SHOW IT IS MEETING 92% HAP REDUCTION REQUIRED.