The proposed consent decree, lodged Monday by the Justice Department on behalf of the Department of Interior’s U.S. Fish and Wildlife Service, together with the Ohio Attorney General’s Office, the state of Ohio and the Ohio Environmental Protection Agency (Ohio EPA), is related to a 2017 complaint.
That action resulted in a 2018 decree that implemented the final Superfund remedial work at the Site and expressly reserved the right of Ohio and the United States to pursue compensation for natural resource damages.
Dover Chemical will also pay $880,000 to the State of Ohio to fund projects near the site to protect, restore, or enhance state ground water resources. Finally, Dover Chemical will pay for costs incurred by Ohio and the United States to assess injuries to natural resources associated with the Site, including approximately $648,000 for state assessment costs and $745,000 for federal assessment costs.
“Today’s consent decree is a milestone in our efforts to protect and restore our valuable natural resources in Dover, Ohio, and the surrounding area,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division
“We at the U.S. Fish and Wildlife Service worked in coordination with the State of Ohio to reach this settlement that will help restore fish and wildlife resources affected by release of contaminants,” said Service Deputy Midwest Regional Director Charles Traxler.
“This consent decree is a positive step forward and the projects that Dover Chemical has committed to under the decree will result in improvements to stream habitats and waterways in the area,” said Ohio EPA Director Laurie A. Stevenson.
Dover Chemical operated a chemical plant in Dover, Ohio, from 1951 to the present, producing chemicals that include alkyl phenols, chlorinated paraffin, and organophosphites.
The United States’ 2017 complaint in this matter said operations at the plant have resulted in decades of releases of hazardous substances to the site. Ohio EPA and the Fish and Wildlife Service are joint trustees for the biological and surface water resources impacted by contamination at the site, while Ohio EPA is the trustee for the ground water resource.