The Southern District of West Virginia has approved an amendment to a 2017 ability-to-pay consent decree requiring PAR Industries, Inc. to reimburse a portion of EPA?s past costs by selling unused parts of its Nitro plant property and paying a percentage of the sales price to the U.S. The amendment (1) corrects the process for approval of the subdivision plans, (2) approves PAR?s request for additional time to appraise the property to be sold, and (3) adds a provision that will allow the parties to effectuate future non-material changes to the Consent Decree without the necessity of a motion requiring court approval.
In December 2011, EPA completed a removal action at PAR Industrial Site in WV which included removal and disposal of 45 transformers, 6 pieces of miscellaneous electrical equipment, and 177 tons of wastes containing hazardous substances, including PCB contaminated water, PCB transformer oil, and contaminated debris. In 2017, EPA entered a settlement between the United States and PAR under which PAR would pay $300,000 in installments and sell all unused land within the PAR Industrial Park. PAR has completed its payments and is in the process of complying with the sales requirements.
The U.S. District Court for the Southern District of West Virginia approved an ability to pay consent decree in connection with the PAR Industrial Site in Nitro, Putnam County, West Virginia. Under the proposed Consent Decree, PAR Industrial Corporation will (1) pay $300,000 to t