Hercules, a Defense Contractor, to Pay for Cleanup Costs at Navy Site

In an unprecedented move, a former defense contractor, Hercules Incorporated settled a case with the US Department of Justice in which the contractor has agreed to pay for cleanup costs at a site in West Virginia. The Allegany Ballistics Laboratory (ABL) is a Navy-owned faciltiy that Hercules operated from 1945 until 1995. Heavy metals and other solvent wastes were disposed of on-site until 1978.

This particular settlement is the first time that a military contractor has been held responsible for costs arising from a Superfund site. Currently, the Navy is working with the EPA to restore the ABL grounds and adjacent areas that suffered run-off and cross-contamination. ABL was placed on the EPA's National Priorities List (NPL) in 1994. The NPL is a step in the Superfund cleanup process. Superfund sites are sites in which hazardous materials have been dumped and left behind by industry and manufacturing among other groups.

Hercules, Incorporated will contribute $12.95 million that will go towards defraying the costs of the EPA and Navy's cleanup efforts at the ABL site. A portion of the money will also go toward other Navy sites that are being restored, as per the settlement stipulations.

In the DOJ press release, Ronald Tenpas, the Acting Assistant Attorney General for the Environment and Natural Resources Division said, "This settlement is part of an expanding enforcement partnership between the Department of Justice and the Department of Defense." He continued to explain that the two agencies are working together in order to hold more contractors responsible for environmental damages and the costs that accrue as part of the cleanup efforts by the EPA.

The Navy's Deputy Assistant Secretary for Environment, Don Schregardus added in the press release, "This agreement memorializes our shared commitment to further protect our nation by responsibly cleaning up our environment. The Navy appreciates Hercules' support in these efforts."

Currently, the ABL is wholely operated by Alliant Tech Systems, which took over for Hercules in 1995. The ABL consists of two plants. Plant 1 is the plant owned by the Navy and previously ran by Hercules, and Plant 2 is owned and operated by Alliant. Plant 1 is the contaminated portion of the site and covers more than 1500 acres. Plant 2 is only 52 acres and is not on the superfund list. Many of the water supply wells on the site have been shut down to prevent further contamination. All in all, there are 12 separate sites that are designated as contaminated areas, including an inert landfill, an acid neutralization pit, and two former burning grounds. The Navy lists many other sites as also contaminated and undergoing cleanup efforts.

Donald S. Welsh, the administrator for the EPA"s mid-Atlantic region said in the press release announcing Hercules' contribution to the cleanup costs, "Just like any other company, a government contractor that creates a contaminated site must take responsibility for cleaning up the site." He continued to say that the EPA was happy to be able to have some of the tax money used to cleanup after Hercules returned.

Source: Environmental Protection Agency, US Department of Justice