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United States of America v. Bud's Oil Service

July 12, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BUD'S OIL SERVICE, INC., DEFENDANT.



The opinion of the court was delivered by: Terry J. Hatter, Jr.Senior United States District Judge

CONSENT DECREE

TABLE OF CONTENTS

I. BACKGROUND ................................. 1

II. JURISDICTION .................................. 2

III. PARTIES BOUND ................................ 2

IV. DEFINITIONS ................................... 2

V. STATEMENT OF PURPOSE ......................... 4

VI. PAYMENT OF RESPONSE COSTS ..................... 4

VII. COVENANT NOT TO SUE BY PLAINTIFF ............... 5

VIII. RESERVATION OF RIGHTS BY UNITED STATES ......... 5

IX. COVENANT NOT TO SUE BY SETTLING DEFENDANT ..... 7

X. EFFECT OF SETTLEMENT/CONTRIBUTION PROTECTION . . 8

XI. DOCUMENT RETENTION/CERTIFICATION ............. 10

XII. NOTICES AND SUBMISSIONS ....................... 11

XIII. RETENTION OF JURISDICTION ...................... 12

XIV. INTEGRATION/APPENDICES ........................ 12

XV. LODGING AND OPPORTUNITY FOR PUBLIC COMMENT . . . 13

XVI. SIGNATORIES/SERVICE ........................... 13

XVII. FINAL JUDGMENT ............................... 14

I. BACKGROUND

A. The United States of America ("United States"), on behalf of the Administrator of the United States Environmental Protection Agency ("EPA"), filed a complaint in this matter pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607, as amended ("CERCLA"), seeking reimbursement of response costs incurred or to be incurred for response actions taken or to be taken at or in connection with the release or threatened release of hazardous substances at the Omega Chemical Corporation Superfund Site in Whittier, Los Angeles County, California ("the Omega Site"). The Settling Defendant, also, has been identified as a potentially responsible party ("PRP") at the Casmalia Resources Superfund Site ("the Casmalia Site").

B. The defendant that has entered into this Consent Decree ("Settling Defendant") does not admit any liability to Plaintiff arising out of the transactions or occurrences alleged in the complaint.

C. The United States has reviewed the Financial Information submitted by Settling Defendant to determine whether Settling Defendant is financially able to pay response costs incurred and to be incurred at the Site. Based upon this Financial Information, the United States has determined that Settling Defendant is able to pay the amounts specified in Section VI (Payment of Response Costs).

D. The United States and Settling Defendant agree, and this Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by the Parties in good faith, that settlement of this matter will avoid prolonged and complicated litigation between the Parties, and that this Consent Decree is fair, reasonable, and in the public interest.

Therefore, with the consent of the Parties to this Decree, it is Ordered, Adjudged, and Decreed:

II. JURISDICTION

1. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1345 and 42 U.S.C. §§ 9607, 9613(b), and 9622, and also has personal jurisdiction over Settling Defendant. Settling Defendant consents to and shall not challenge entry of this Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree.

III. PARTIES BOUND

2. This Consent Decree is binding upon the United States, and upon Settling Defendant and its heirs, successors and assigns. Any change in ownership or corporate or other legal status, including, but not limited to, any transfer of assets or real or personal property, shall in no way alter the ...


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