By: Steven M. Siros
In what constitutes the largest penalty for violations of the Toxic Substances Control Act ("TSCA") at a single site, a titanium product manufacturer agreed to pay $13.75 million to settle the Government's claims relating to the improper disposal of PCBs at a site in Henderson, Nevada. According to the allegations in the Government's complaint and accompanying consent decree, Titanium Metals Corporation is alleged to have improperly manufactured and then disposed of PCBs at its titanium manufacturing facility in violation of the TSCA regulations. In addition to agreeing to pay $13.75 million, Titanium Metals also agreed to complete the investigation and remediation of the improperly disposed PCBs. The estimated cost for this investigation and remediation is $7 million.