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BESTFOODS (AEROJET)

Judicial · FY1999 · — · — · 32053

Penalty
Cost recovery
Compliance action

Case

Case Number
05-1999-0771
Type
Judicial
Lead
EPA
Outcome
Multimedia
N
Self-disclosure
N

Defendants (4)

Summary

AEROJET, THROUGH ITS SUBSIDIARIES, IS THE PRESENT OWNER/ OPERATOR OF THIS DEFUNCT CHEMICAL PLANT. SITE WAS CONTAMI- NATED WITH WASTE DISPOSED ONSITE FROM THE PRODUCTION OF METHYL ISOCYANIDE AND OTHER CHEMICALS BY OTT CHEMICAL I AND OTT CHEMICAL II, WHICH IS A SUBSIDIARY OF BESTFOODS, INC., F/K/A CPC INT'L. INC. APPARENTLY AEROJET AND ITS SUBS DID NOT DISPOSE OF WASTE ONSITE. SITE OWNERSHIP WAS AS FOLLOWS: 1956 - OTT 1, 1965 - OTT II, 1972 - STORY CHEMICAL (BANKRUPT , 1978 - PRESENT, CORDOVA OF MICHIGAN (FROM BANKRUPTCY TRUSTEE). THE STATE OF MICHIGAN INDEMNIFIED AEROJET AND SUBSIDIARIES AT TIME OF AEROJET'S PURCHASE FROM ALL ENVIRON- MENTAL LIABILITY IN EXCHANGE FOR PARTIAL SITE CLEANUP AND $600,000. EPA FILED COST RECOVERY CASE UNDER CERCLA IN 1989. AFTER OVER 70 DEPOSITIONS AND 2 MILLION DOCUMENTS IN DISCOVERY, TRIAL TOOK PLACE IN MAY - JUNE 1991. DISTRICT COURT FINDS ALL DEFENDANTS LIABLE, INCLUDING PARENT CORPORA- TIONS AEROJET AND CPC. 6TH CIRCUIT, EN BANC, REVERSES (7-5). U.S. APPEALS TO U.S. SUPREME COURT, WHICH ISSUES AN OPINION IN 1998. CASE REMANDED FOR FURTHER PROCEDINGS CONSISTENT WITH S. CT. OPINION. DURING FEDERAL PROCEDINGS, AEROJET SUCCESSFULLY SUED MICHIGAN TO ENFORCE IMDEMNITY AGREEMENT, LEAVING MICHIGAN POTENTIALLY LIABLE FOR OVER $100 MILLION IN PAST AND FUTURE RESPONSE COSTS. THIS CONSENT DECREE REQUIRES AEROJET TO PERFORM RD/R FOR OU3 (SITE SOILS), ACKNOWLEDGES AEROJ

Source

Authoritative
EPA ECHO
Machine
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