EPA requests DOJ file an action for the recovery of its removal action pursuant to Section 107 of CERCLA, against the former operators of the Site, and in rem action against the Site property. EPA seeks to recover its past costs and any future costs associated with the removal action at the Site.
Since G-I Holdings is currently in bankruptcy, EPA will be naming G-Holdings as a defendant in the context of the BNK action. All of the parties arranged for the disposal or treatment of hazardous substances at the Site and, accordingly, are liable for response costs incurred by EPA pursuant to Section 107(a)(3) of CERCLA.
First settlement: This consent decree requires the Settling Defendants to reimburse EPA for costs incurred in connection with a removal action at the Site. Under the terms of the consent decree, the United States grants the Settling Defendants a covenant not to sue for past and future costs under Section 107(a) of CERCLA.
Second settlement: This consent decree settles the United States' CERCLA Section 107 cost recovery action against the Settling Defendant. The consent decree requires the Settling Defendant to reimburse the EPA for costs incurred in connection with a removal action at the Site. Under the terms of the consent decree, the United States grants the Settling Defendant a covenant not to sue for past and future costs under Section 107(a) of CERCLA.
Third Settlement: This judicial settlement resolves EPA's claims under Section 107 of CERC