# ALCAN ALUMINUM ET AL
> **Judicial** · FY1988 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `3120`
- **Case Number:** 02-1988-0583
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $50K
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ALCAN ALUMINUM CORPORATION (complaint) (settlement)
- AMERICAN CYANAMID COMPANY (complaint) (settlement)
- AMERICAN NATIONAL CAN COMPANY (complaint) (settlement)
- ARVEY CORPORATION (complaint) (settlement)
- BOYLE-MIDWAY HOUSEHOLD PRODUCTS, INC (complaint) (settlement)
- CALGON CORPORATION (complaint) (settlement)
- CAN MANUFACTURING COMPANY (complaint) (settlement)
- CHEVRON U.S.A. FOR MILLMASTER ONYX (complaint) (settlement)
- CHEVRON U.S.A. INC. (complaint) (settlement)
- CLEAN VENTURE, INC. (complaint) (settlement)
- CONTINENTAL CAN COMPANY, USA, INC. (complaint) (settlement)
- DAY INTERNATIONAL CORP FOR DAYCO CORP (complaint) (settlement)
- DEL MONTE CORP (complaint) (settlement)
- E.I. DUPONT DE NEMOURS AND COMPANY (complaint) (settlement)
- E.R. SQUIBB & SONS INC (complaint) (settlement)
- ELCO SOLVENTS CORP (complaint) (settlement)
- ELIZABETHTOWN GAS CO (complaint) (settlement)
- FEDDERS CORP (complaint) (settlement)
- GENERAL MOTORS CORP (complaint) (settlement)
- JERSEY STATE POWER EQUIPMENT CORP (complaint) (settlement)
- NEW JERSEY TRANSIT BUS OPERATIONS, INC (complaint) (settlement)
- OAKITE PRODUCTS, INC (complaint) (settlement)
- PERFECT FINISHING COMPANY INC (complaint) (settlement)
- PERSONAL PRODUCTS CO (complaint) (settlement)
- PITNEY BOWES INC (complaint) (settlement)
- POLYPRINT PACKAGING CORP (complaint) (settlement)
- PRESTYPE, INC (complaint) (settlement)
- PUBLIC SERVICE ELECTRIC AND GAS COMPANY (complaint) (settlement)
- RAGEN CORPORATION (complaint) (settlement)
- RIEGEL PRODUCTS CORP, SUB/JAMES RIVER/VA (complaint) (settlement)
- S & W WASTE, INC (complaint) (settlement)
- SCM CORP (complaint) (settlement)
- TECHNICON INSTRUMENTS CORP (complaint) (settlement)
- TRW INC (complaint) (settlement)
- W.R. GRACE & CO. - CONN. (complaint) (settlement)
- WALLACE CLARK INC. DBA AMERICAN METASEAL (complaint) (settlement)
- WESTINGHOUSE ELECTRIC CORP (complaint) (settlement)
- WHATMAN MANUFACTURING, INC., (complaint) (settlement)
## Summary

DEFENDANTS CONSIST OF APPROXIMATELY 35 POTENTIALLY RESPONSIBLE PARTIES (PRPS) WHO WERE GENERATORS AND/OR TRANSPORTERS WITH REGARD TO THE SITE. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: ARRANGEMENT FOR DISPOSAL, TREATMENT, AND TRANSPORTATION OF HAZARDOUS SUBSTANCES. RECOVERY OF $50,000 IN FEDERAL COSTS INCURRED FOR OVERSIGHT OF THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY (RI/FS); RECOVERY OF APPROXIMATELY $26,000 IN STATE RESPONSE COSTS; AND CONDUCT OF REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) AT THE SITE IN ACCORDANCE WITH THE RECORD OF DECISION (ROD) OF SEPTEMBER 28, 1987.                               

THE CONSENT DECREE INCLUDES A SPECIAL COVENANT NOT TO SUE UNDER SECTION 122(F)(2) OF CERCLA FOR THE BIOREMEDIATION     PORTION OF THE REMEDY.  BECAUSE OF THE POSSIBLE PRECEDENTIAL NATURE OF THE SPECIAL COVENANT, THE QUESTION OF WHETHER OR NOT TO GRANT IT WAS PRESENTED BY THE REGION TO THE SETTLEMENT DECISION COMMITTEE (SDC) AT ITS OCTOBER 15, 1987 SESSION.  THE SDC GAVE ITS CONCEPTUAL APPROVAL OF THE PROPOSED SETTLEMENT ON THAT DATE, AND THAT APPROVAL WAS FOLLOWED BY WRITTEN CONFIRMATION IN A MEMORANDUM FROM THE ASSISTANT ADMINISTRATORS OF OECM AND OSWER DATED 3/17/88. SHOULD THIS SETTLEMENT NOT BE ACHIEVED, EPA WOULD HAVE SEVERAL OPTIONS: (1) TO CONDUCT THE REMEDIAL ACTION ITSELF  AND SEEK LATER COST RECOVERY; (2) TO SEEK INJUNCTIVE RELIEF UNDER SECTION 106 OF CERCLA AND/OR RECOVERY OF PAST COSTS THROUGH AN IMMEDIATE JUDICIAL ACTION; (3) TO ISSUE A UNILATERAL ORDER UN

---
*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*