ORDERS:
FINAL ORDER AND DECISION
The above-captioned contested cases are pending before the Administrative Law Judge
Division. All four cases involve the appeal of a Consent Agreement entered into by the Department
of Health and Environmental Control ("Department"). The Consent Agreement purports to define
the rights and responsibilities of the settling parties under the Federal Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. ("CERCLA"),
in relation to the Stoller Chemical Jericho Site. The Petitioners are all Potentially Responsible
Parties under the CERCLA definitions, but were not parties to the Consent Agreement.
By Motion dated April 22, 1997, Petitioner Macalloy Corporation moved to consolidate the
cases of Kerr-McGee Chemical Corporation, Gaston Copper Recycling Corporation, Southwire
Company, and Lucent Technologies, Inc., pursuant to ALJD Rule 19(D). Petitioner Clariant
Corporation filed its contested case petition subsequent to Macalloy's Motion for Consolidation, but
is made part of this Order for Consolidation, sua sponte, without objection from the other parties. A
careful review of each party's Petitions indicates that the issues in these cases are identical, and the
relevant evidence will be similar in each case. Therefore, consolidation is appropriate and in the
interests of judicial economy.
IT IS HEREBY ORDERED that the above-captioned cases bearing Docket Numbers 97-ALJ-07-0160-CC, 97-ALJ-07-0196-CC, 97-ALJ-07-0197-CC, and 97-ALJ-07-0267-CC be
consolidated into a single contested case proceeding, pursuant to ALJD Rule 19(D). The
consolidated case caption will be as follows: Macalloy Corporation, Kerr-McGee Chemical
Corporation, Gaston Copper Recycling Corporation, Southwire Company, Lucent
Technologies, Inc., and Clariant Corporation v. South Carolina Department of Health and
Environmental Control, 97-ALJ-07-0160-CC.
_____________________
Marvin F. Kittrell
Chief Judge
July 28, 1997
Columbia, South Carolina |
