THIS IS A REFERRAL (LITIGATION REPORT) UNDER SECTION 107 OF THE CERCLA ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO. 99-499 42 U.S.C. 9607, FOR RECOUPMENT OF APPROXIMATELY $617,094.79 SPENT ON RESPONSE MEASURES UNDERTAKEN TO RESPOND TO TRICHLOROETHYLENE (TCE) CONTAMINATION AT A MANUFACTURING FACILITY LOCATED AT FALMONT INDUSTRIAL PARK IN WEST HAZLETON BOROUGH AND HAZLE TOWNSHIP, LUZERNE COUNTY, PA (VALMONT TCE SITE OR THE SITE). EPA ADDITIONAL SEEKS A DECLARATORY JUDGEMENT UNDER SECTION 113(G)(2) OF CERCLA, 42 U.S.C. 9613(G)(2), AND 28 U.S.C. 2201 FOR FUTURE COSTS TO BE INCURRED AT THE SITE.
ON APRIL 18, 2014, THE DEPARTMENT OF JUSTICE ( DOJ ) LODGED WITH THE U.S. DISTRICT COURT, MIDDLE DISTRICT OF PA, A CONSENT JUDGMENT RELATING TO THE VALMONT TCE SUPERFUND SITE ( SITE ), LOCATED IN HAZELTON, LUZERNE COUNTY, PA. THE CONSENT JUDGMENT MEMORIALIZES A SETTLEMENT OF A JUDGMENT ISSUED IN UNITED STATES V. CHROMATEX, INC., ET. AL. CIVIL ACTION NO. 91-1501 (M.D.PA), IN 1994 ( 1994 JUDGMENT ), PURSUANT TO WHICH JUDGMENT DEFENDANTS CHROMATEX, INC., THE VALMONT GROUP, AND FORMER GENERAL PARTNERS OF THE VALMONT GROUP ( VALMONT PARTNERS ), FORMER OWNERS AND/OR OPERATORS OF THE SITE, WERE FOUND LIABLE UNDER SECTION 107(a) OF CERCLA FOR RESPONSE COSTS INCURRED BY THE UNITED STATES IN CONNECTION WITH THE SITE. THE CONSENT JUDGMENT ALSO SETTLES CONTRIBUTION, INDEMNIFICATION, AND FRAUD CLAIMS ASSERTED BY THE VALMONT PARTNERS