This settlement is an administrative order on consent (AOC) under Section 122(g)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. Section 9622(g)(4) for the Consolidated Iron and Metal Co. Superfund Site (the Site).
EPA recovered records from the Site in late 1999 which indicated approximately 11,000 parties sent wastes to the Site. After doing an analysis of which parties qualified for an exemption under the Superfund Recycling Equity Act, EPA identified four categories of waste materials, called Âtracked wasteÂ, which were entered into the database and were used to determine the amount of waste attributable to each party. These categories were whole cars, white goods, transformers, and waste materials sent by International Business Machines Corporation (ÂIBMÂ). Thus, EPA decided to notice as PRPs only those parties who contributed the Âtracked wasteÂ, which numbered approximately 4,400. About 2,900 of the tracked waste parties sent 0.002% of the volume or less, and thus, consistent with the statutory Âde micromis cutoff, were removed from the waste-in list. EPA attempted to locate the remaining approximately 1,500 parties. By the spring of 2006, EPA was only able to locate 48 parties which sent tracked waste which were still viable.
On October 16, 2006, EPA sent a letter to the 25 de minimis parties notifying them of their status as de minimis parties and offering them the opportuni