JANUARY 4, 2022: SETTLEMENT AGREEMENT - This Settlement Agreement concerns the Horton Iron and Metal Superfund Site
(?Site?) located in Wilmington, North Carolina. EPA alleges that the Site is a facility as defined by Section 101(9) of CERCLA, 42 U.S.C. ? 9601(9). In response to the release or threatened release of hazardous substances at or from the Site, EPA undertook response actions at the Site pursuant to Section 104 of CERCLA, 42 U.S.C. ? 9604, and will undertake additional response actions in the future.
Parties unrelated to Settling Party used the Site for fertilizer and insecticide operations from at least 1911 to 1959. Settling Party has owned and used the Site for its scrap metal and shipbreaking business since at least 1959.The North Carolina Department of Environment and Natural Resources (now the North Carolina Department of Environmental Quality) conducted a Site investigation in 2003 and discovered, among other things, arsenic and lead in the soils. EPA conducted a removal assessment at the Site in 2007 and an expanded investigation at the Site in 2009. These investigations detected numerous hazardous substances, including arsenic, lead, and cadmium, in soil and groundwater at the Site. The Site was placed on the National Priorities List (NPL) on September 16, 2011.
Settling Party and parties not subject to this Agreement conducted a remedial investigation/feasibility study (RI/FS) at the Site between 2013 and 2018, which identified lead, arsenic, cadmium,