USA, et al v. Aerojet General Corp, et al

Filing 182

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/22/2015 re: Partial Consent Decree provision relating to Exhibit I-4 Land.(Donati, J)

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Lawrence A. Hobel (Bar No. 73364)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Email: [e-mail]
Attorneys for Defendants
AEROJET ROCKETDYNE, INC. and
CORDOVA CHEMICAL COMPANY

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
Plaintiff,
v.

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AEROJET-GENERAL CORPORATION and
CORDOVA CHEMICAL COMPANY,

Civil Case No.: CIVS-86-0063-GEB
STIPULATION AND ORDER
RE: PARTIAL CONSENT
DECREE PROVISION
RELATING TO EXHIBIT I-4
LAND

Defendants.

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AND RELATED ACTION.

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WHEREAS, this Court entered a Partial Consent Decree (“PCD”) on June 23, 1989, by

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and among Plaintiffs, the United States of America and the State of California, on the one hand,

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and Defendants, Aerojet Rocketdyne, Inc. (formerly named Aerojet-General Corporation) and

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Cordova Chemical Company (collectively, “Aerojet”), on the other hand, which has been

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modified from time to time;

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WHEREAS, Paragraph 5(A)(1)(c) of the Partial Consent Decree establishes the basis for

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when a location of Exhibit I-4 Land is to be included in an obligation to complete a Remedial

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Investigation/Feasibility Study (“RI/FS”):

STIPULATION AND ORDER RE: PARTIAL CONSENT DECREE PROVISION RELATING TO EXHIBIT I-4 LAND

CIVS-86-0063-GEB

(c) Any location on Exhibit I-4 land to the extent that Aerojet contributed

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hazardous substances at the location and

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(i) the total amount of hazardous substances contributed by

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potentially responsible parties, including Aerojet, is de minimis as provided

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in Section 122(q)(1)(A) of CERCLA; and
(ii) Aerojet or Plaintiffs discover such release or threat of release of

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hazardous substances while taking action pursuant to this Decree.

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WHEREAS, the RI/FS process under the Partial Consent Decree has been ongoing since

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1989 and subparagraph (c) of Paragraph 5(A)(1) has never been invoked, and no source has
been so identified under Paragraph 5(A)(1)(c);
WHEREAS, the PCD only pertains to the RI/FS process, and any subsequent remedial

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action would have to be conducted under an additional enforcement mechanism;
WHEREAS, the inclusion of the I-4 land in the PCD at Paragraph 5(A)(1)(c) creates a

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cloud on the title of this land, and if a source area were ever to be discovered on Exhibit I-4 land

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for which Aerojet is responsible, there are other enforcement authorities that the Agencies may

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invoke that are not impaired by this Stipulation and Order;
WHEREAS, the Parties agree that the PCD shall be modified to delete subparagraph (c)

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of Paragraph 5(A)(1) and Exhibit I-4, as well as the reference to Exhibit I-4 in the Table of Contents.

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A copy of the current PCD pages containing Paragraph 5(A)(1)(c), Exhibit I-4 and the Table of

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Contents are attached herein as Attachment 1 for reference; and
WHEREAS, the Parties agree that the deletion proposed herein does not eliminate or

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impair any enforcement authority of the United States or the State of California under applicable

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law as to any release or threat of release of hazardous substances except to the extent that the

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United States and the State of California are agreeing to release Aerojet from its obligations as to

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Exhibit I-4 Land under the PCD.

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STIPULATION AND ORDER RE: PARTIAL CONSENT DECREE PROVISION RELATING TO EXHIBIT I-4 LAND

CIVS-86-0063-GEB

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NOW, THEREFORE, in light of the foregoing recitals:

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IT IS HEREBY STIPULATED by the Parties through their respective attorneys of record

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that:
1.

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following language no longer be included in the PCD:
c) any location on Exhibit I-4 land to the extent that Aerojet contributed

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hazardous substances at the location and

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(i) the total amount of hazardous substances contributed by

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potentially responsible parties, excluding Aerojet, is de minimis as provided

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in Section 122(q)(1)(A) of CERCLA; and

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(ii) Aerojet or Plaintiffs discovers such release or threat of release of

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hazardous substances while taking action pursuant to this Decree.

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2.

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Subparagraph (c) of Paragraph 5(A)(1) of the PCD be deleted such that the

Exhibit I-4 be deleted from the PCD and the reference to Exhibit I-4 in the Table

of Contents to the PCD be deleted; and
3.

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This Stipulation does not eliminate or impair any enforcement authority of the

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United States or the State of California under applicable law as to any release or threat of release

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of hazardous substances.

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IT IS SO STIPULATED.

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DATED:

May 22, 2015

COVINGTON & BURLING LLP

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By /s/ Lawrence A. Hobel
Lawrence A. Hobel
Attorneys for Defendants
AEROJET ROCKETDYNE, INC. and
CORDOVA CHEMICAL COMPANY

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STIPULATION AND ORDER RE: PARTIAL CONSENT DECREE PROVISION RELATING TO EXHIBIT I-4 LAND

CIVS-86-0063-GEB

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DATED:

May 22, 2015

UNITED STATES DEPARTMENT OF
JUSTICE

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By /s/ Cheryl A. Luke
Cheryl A. Luke VA Bar No.: 26331
Attorneys for Plaintiff
Environmental Enforcement Section
Environmental & Natural Resources Division
United States Department of Justice
P.O. Box 7611
Phone: [phone]
Fax: [phone]
email: [e-mail]

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DATED:

May 22, 2015

KAMALA D. HARRIS
Attorney General of California
ROBERT W. BYRNE
Senior Assistant Attorney General

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By /s/ Tracy L. Winsor
Tracy L. Winsor
Supervising Deputy Attorney General
Attorneys for CALIFORNIA CENTRAL
VALLEY REGIONAL WATER QUALITY
CONTROL BOARD and DEPARTMENT OF
TOXIC SUBSTANCES CONTROL (as
successor-in-interest to State Department of
Health Services)

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IT IS SO ORDERED.
Dated: May 22, 2015

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STIPULATION AND ORDER RE: PARTIAL CONSENT DECREE PROVISION RELATING TO EXHIBIT I-4 LAND

CIVS-86-0063-GEB