- Superfund site – CERCLA allocation
- Evaluate USEPA record of decision and settlement offer
- Research historical records and interview previous employees
- Evaluate past wastewater flow and contaminant concentrations
- Develop defensible mass load allocation counter offer
EEC Environmental (EEC) is currently working on a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost allocation project with a law firm representing a confidential industrial client. The sediment in a New York lake is being remediated for the remediation Company A has identified EEC’s client, along with many other industries, as contributing responsible parties for various contaminants (e.g., heavy metals) present in their historical wastewater discharge dating back to the 1950s.
Company A made a settlement proposal to EEC’s client to pay a significant allocation amount based on numerous conservative assumptions and various claims. EEC has evaluated the allocation claim made by Company A; researched the USEPA Record of Decision, remedial cost data, and historical wastewater discharge from EEC’s client; interviewed previous employees; calculated mass-load allocations based on flow, wastewater characterization data and POTW removal efficiencies; and is providing a defensible counter-proposal for a fair allocation amount attributable to EEC’s client, which represents less than 20% of the amount proposed by Company A.