FOX RIVER NRDA/PCB RELEASES CONSENT DECREE (CERCLA)

THE UNITED STATES OF AMERICA (“UNITED STATES”), ON BEHALF OF THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (“EPA”), AND THE STATE OF WISCONSIN (THE “STATE”), ON BEHALF OF THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES (“WDNR”), FILED A COMPLAINT IN THIS MATTER PURSUANT TO SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (“CERCLA”), 42 U.S.C. §§ 9606 AND 9607. THE PLAINTIFFS’ COMPLAINT SEEKS, INTER ALIA: (I) REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE UNITED STATES AND THE STATE FOR RESPONSE ACTIONS AT OPERABLE UNIT 4 OF THE LOWER FOX RIVER AND GREEN BAY SITE (THE “SITE,” AS DEFINED BELOW) IN NORTHEASTERN WISCONSIN, TOGETHER WITH ACCRUED INTEREST; AND (II) PERFORMANCE OF CERTAIN RESPONSE WORK BY THE DEFENDANTS AT OPERABLE UNIT 4 OF THE SITE CONSISTENT WITH THE NATIONAL CONTINGENCY PLAN, 40 C.F.R. PART 300 (AS AMENDED) (THE “NCP”). SEDIMENTS IN THE LOWER FOX RIVER AND IN GREEN BAY ARE CONTAMINATED WITH POLYCHLORINATED BIPHENYLS (“PCBS”) THAT WERE DISCHARGED IN CONNECTION WITH THE PRODUCTION AND REPROCESSING OF PCB-CONTAINING CARBONLESS COPY PAPER AT MULTIPLE FACILITIES IN THE FOX RIVER VALLEY. THE SITE HAS BEEN DIVIDED INTO FIVE GEOGRAPHICALLY-DISTINCT OPERABLE UNITS.