EPA Office Notifies Companies of Superfund Cleanup

Environmental agency names 316 companies as partly liable for clean up costs at former recycling facility.

The U.S. Environmental Protection Agency has notified 316 businesses and government agencies that they are liable for part of the cost of ongoing cleanup at the Omega Superfund site in Whittier, Calif.

Letters were sent last week to the businesses and government agencies   -- which include local, county, state and federal entities -- that contributed between three and 10 tons to the solvent recycling facility when the company was in business.

Omega Chemical Corp. and Refrigerant Reclamation Co. operated a used solvent and refrigerant recycling and reformulation treatment facility from 1976 to 1991. The company primarily handled chemicals used in refrigerator and freezer coils and chlorinated solvents that included degreasing chemicals and dry-cleaning chemicals.

Early next year the EPA will make a monetary settlement offer to letter recipients. The amount each will pay is based on how much waste they sent to Omega when it was operating, and the money will be used for the cleanup.

"This is an important step for Omega, and we look forward to securing settlements and making further progress toward a full site cleanup," said Keith Takata, Superfund division director in the EPA's Pacific Southwest region. "The strategy we are employing at Omega fosters fair settlements with small contributors now, and in the future."

The EPA will have an estimate on cleanup costs next month, but by settling with the EPA, parties will receive both a covenant not to sue -- a promise that the EPA will not bring future legal actions against the settler regarding the site, except in very limited circumstances -- and contribution protection that offers settlers protection from being sued by other parties potentially responsible for contamination at the site. Frequently, major waste contributors sue small waste contributors to recover cleanup costs.