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ARTICLE ID 194801

$________ EPA – Environmental cleanup – EPA sues for cleanup of dumping Site – Lead contamination of soil

U.S.D.C., N OH

In this action, federal authorities charged two companies of contaminating the soil in an Ohio town with toxic materials. The matter was resolved via consent decree.

This action pertained to the release, and/or threatened release of hazardous substances at and from the Ottawa Lead Superfund Site, itself comprised of three properties in the Village of Ottawa, Ohio. Those properties were each at one time used for the disposal of factory waste, including lead-containing cathode ray tubes originating from a manufacturing plant at ________ North Pratt Street in Ottawa. From ________ until ________, the plant was owned and operated by defendant, Osram Sylvania, Inc. The plant manufactured glass cathode ray tubes for televisions, and in that process, generated waste relevant to this matter. In ________, it was purchased by Philips ECG, Inc., a subsidiary of defendant Philips Electronics North America Corporation who merged with them in ________. The defendant, Philips, was the owner and operator of the plant until it was shut down in ________. In June ________, a resident of the East Second Street parcel contacted the Ohio Environmental Protection Agency after encountering glass waste on her property. Subsequent EPA investigation showed a lead toxicity on the parcel of ________ mg/L. The lead limit established at 40 C.F.R. §________ is 5 mg/L. Subsequent removal of toxic materials and soil at the three parcels resulted in $________ in costs for its response activities.

The United States filed suit in the U.S. District Court for the Northern District of Ohio, pursuant to Section ________ of the Comprehensive Environmental Response, Compensation, and Liability Act of ________, as amended (CERCLA), 42 U.S.C. § ________. The United States seeks recovery of unreimbursed costs that have or will be incurred in the cleanup of the Ottawa site.The matter was ultimately resolved via consent decree, in which defendant, Osram, agreed to pay the EPA $________, and defendant, Philips, agreed to pay $________.

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