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Environmental Law
National Environmental Policy Act
Soil Contamination

Angeles Chemical Company Inc., et al. v. Omega Chemical PRP Group LLC, et al.

Published: Dec. 4, 2010 | Result Date: Oct. 7, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 5:2007-cv-01471 Settlement –  $7,000,000

Court

USDC Central


Attorneys

Plaintiff

Kenneth E. James
(Caufield & James LLP)

Jeffery L. Caufield
(Caufield & James LLP)


Defendant

Scott A. Lehecka


Facts

In 1993, the Environmental Protection Agency (EPA) conducted an assessment of the Omega Chemical Corp. site in Whittier, California (Site) and found high concentrations of tetrachloroethene (PCE), trichloroethene (TCE), other chlorinated hydrocarbons, and Freons in the Site's soil and groundwater.

Omega operated the facility as a used solvent and refrigerant recycling, reformulation, and treatment facility. The operation primarily handled chlorinated solvents. PCE and TCE are solvents that have been widely used in the industry as cleaning and degreasing agents. Freon is used as a refrigerant and as pressurizer in spray can products.

Between 1976 and 1991, the Site was used to recycle and treat hazardous chemicals. In 1995 and 1996, 3,000 drums of hazardous waste were removed from the Site.

The EPA filed suit against companies who have used the Site to clean up tainted soil or help cover the costs of cleanup. The Agency has found that indoor air contamination in the Site's vicinity stems from vapor intrusion from contaminated soil, and that contamination levels in several buildings were at levels above the EPA's health-protective range for long-term exposure to PCE and TCE.

Result

The EPA and defendant companies reached a $7 million agreement to clean up contaminated soil at the Site. Along with previous settlements, the companies have not agreed to $24 million worth of clean up activities and have not agreed to reimburse the EPA with more than $14 million.


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