United States v. Vertac Chemical Corp.

79 F.Supp.2d 1034 (1999)

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Nature of the Case

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Facts

The Vertac Plant Site produced herbicide products from around 1957 until 1986. Hazardous substances, including dioxin, were generated during the operations at the Site and were disposed at the Site and Off-Site areas. There was contamination of areas and equipment both on and off the Site, and the accumulation of over 28,000 drums of hazardous wastes. Hercules (D) was found liable as an owner/operator and arranger. Uniroyal (D) was found liable as an arranger. The Court granted the United States' motion for partial summary judgment against Hercules (D) on the issue of liability under CERCLA. On August 8, 1999, the Court entered judgment in favor of the United States and against Hercules (D) and Uniroyal Chemical, Ltd. (D) in the amount of $89,084,710.00 plus any additional response costs incurred or to be incurred after May 31, 1998, and post-judgment interest. Ds are now arguing the cost each will incur. They each advance different arguments. Uniroyal (D) contends that its role as an arranger was minimal. It asserts that the Court should use a volumetric calculation. A volumetric calculation would result in an initial allocation of 1.58% to Uniroyal (D) and 98.42% to Hercules (D). Uniroyal (D) argues that it is then entitled to a 'downward departure.' Hercules (D) wants to divvy up the site so that it ends up with an allocation in which Uniroyal (D) would be about 70 percent liable. Hercules (D) advances a division in which it has no connection with the drummed waste, the EPA's single largest expenditure.