On March 28, 2011, Judge Robert L. Miller, Jr. of the U.S. District Court, Northern District of Indiana signed the U.S. v. Alcoa Aluminum, et al CERCLA consent decree(Civil Action no. 3:10-CV-00532). The Decree embodies a settlement with 13 Work Settling Defendants to perform the RD/RA clean-up, consisting of pump and treat to remove 1,4-dioxane and other hazardous substances from groundwater, removal and disposal of LNAPL, and on-site remediation of heavy metal-contaminated soil. The estimated cost of the clean-up is $12 million. In addition, thirty days post-entry, these 13 Work Settling Defendants will provide financial assurance for the full cost of the remedy, and will pay into a Superfund special account a lump sum of $2.2 million for U.S. EPAÂs future oversight costs. Once U.S. EPA spends that $2.2 million in oversight, the 13 Settling Defendants will pay 50% of any future costs exceeding $2.2 million. They also will pay $200 thousand in settlement of U.S. EPAÂs other costs. These 13 Work Settling Defendants are performing work and paying costs representing over 90% of total Site response costs of more than $31 million.
This consent decree, the fourth enforcement action for Cam-Or, is the culmination of 23 years of enforcement work at the Site, including a PRP-performed removal under a 1989 UAO, cost recovery litigation and a 1993 settlement recovering all of U.S. EPAÂs $2.9 million Fund-lead removal costs performed in 1987, and an AOC for performance o