REFERRAL OF CERCLA CONSENT DECREE TO COLLECT PAST COSTS AND OBLIGATE SETTLORS TO IMPLEMENT THE REMEDY AND PAY FUTURE COSTS.
THIS IS A CERCLA SECTION 106/107 SETTLEMENT FOR THE PERFORMANCE OF THE REMEDIAL DESIGN/REMEDIAL ACTION AND REIMBURSEMENT OF COSTS AT THE AREA-WIDE GROUND WATER OPERABLE UNIT OF THE HASTINGS GROUND WATER CONTAMINATION SITE. THE EIGHT SETTLING PARTIES (CITY OF HASTINGS, CONCRETE INDUSTRIES, INC., COOPERATIVE PRODUCERS, INC., DESCO CORPORATION, DUTTON-LAINSON COMPANY, DRAVO CORPORATION, MORRISON ENTERPRISES, AND THE UNITED STATES NAVY) REPRESENT ALL POTENTIALLY RESPONSIBLE PARTIES (PRPS) AT THE HASTINGS SITE WHO ARE VIABLE AND HAVE NOT PREVIOUSLY CASHED OUT.
THE CONSENT DECREE IDENTIFIES THE SETTLING PARTIES AS EITHER WORK PARTIES, CASH-OUT PARTIES, OR THE SETTLING FEDERAL AGENCY. EACH GROUP HAS ITS OWN SET OF OBLIGATIONS. THE EFFECT OF ALL THE OBLIGATIONS IS THAT THE REMEDY SELECTED IN THE AREA-WIDE RECORD OF DECISION (ROD) WILL BE IMPLEMENTED AND THE GOVERNMENT WILL RECEIVE $2,250,000, WHICH IS APPROXIMATELY 86% OF THE PAST COSTS AND PRE-JUDGMENT INTEREST.
PAST COSTS TO BE RECOVERED: EPA WILL RECOVER $2,250,000 OF THE TOTAL PAST RESPONSE COSTS FROM THE SETTLING PARTIES. THE THREE GROUPS OF SETTLING PARTIES WILL PAY AS FOLLOWS:
WORK PARTIES $1,195,000
CASH-OUT PARTIES 850,000
SETTLING FEDERAL AGENCY