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August 2006

 

Consent decrees lodged against PPG Industries and Morgan Adhesives

On May 26, 2006 two proposed Consent Decrees in United States v. Industrial Excess Landfill, Inc., Civil Action Number 5:89-CV-1988 were lodged with the United States District Court for the Northern District of Ohio.

The first Consent Decree resolves claims against PPG Industries, Inc. (PPG), brought by the United States on behalf of the Environmental Protection Agency (EPA) under section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), for response costs incurred and to be incurred by the United States in responding to the release and threatened release of hazardous substances at the Industrial Excess Landfill Superfund Site (site) in Uniontown, Ohio. Under its Consent Decree, PPG will pay $752,500 in reimbursement of response costs.

The second Consent Decree resolves claims against Morgan Adhesives Co. (Morgan), brought by the United States on behalf of the Environmental Protection Agency under section 107 of CERCLA, for response costs incurred and to be incurred by the United States in responding to the release and threatened release of hazardous substances at the site, as well as CERCLA and other claims related to the site brought against Morgan by the State of Ohio. Under its Consent Decree, Morgan will pay $334,016 in reimbursement of response costs and will pay the State of Ohio $15,984 in reimbursement of response costs.

Under the respective Consent Decrees, the United States covenants not to sue PPG, and the United States and the State of Ohio covenant not to sue Morgan, regarding the site, subject to reservations of rights should information be discovered which indicates that a settling defendant no longer qualifies as a de minimis party, as well as reservations commonly included in CERCLA settlements of all rights with respect to certain other claims.


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