Jeremy L. Dillon
RW Monitor
3/21/2014
A lawsuit between Perma-Fix Environmental Services and Philotechnics, Ltd. concerning the handling of leftover waste containers appears to be heading towards a settlement agreement, according to a scheduling order issued earlier this month by U.S. Magistrate Judge C. Clifford Shirley. The lawsuit originates from an alleged breach of contract by Philotechnics for failing to remove drums of legacy waste left at Perma-Fix’s Northwest facility after Perma-Fix bought the facility from Philotechnics in 2007. “Settlement appears likely if the parties are given enough time to continue to work together to dispose of the waste,” the order said. “The parties agree that a pretrial mediation could likely be fruitful if held after all of the waste has been processed and disposed. The parties agree to select a mediator and to agree upon a location for mediation by June 1, 2014.”
Only three containers remain on site that needs to be treated, according to a February filing by Philotechnics’ lawyers. “During the week of February 24, 2014, PFNW submitted a draft work plan to the Washington Department of Health, outlining the work anticipated to be performed on the remaining containers and their contents,” the filing said. “This work plan was developed by PFNW with the cooperation and assistance of Philotechnics, and E. I. du Pont de Nemours and Company (“DuPont”).”
Part of the problem with the legacy waste revolved around the question of where to move it. Philotechnics could not return the waste to the original customer, DuPont, and the company did not want to bring it to their Oak Ridge facility. The lawsuit, initiated by Perma-Fix, is asking for Philotechnics to either remove the waste, pay for the additional cost of storing and maintaining the waste, or pay for the waste to be treated and disposed of. If settlement talks do not move forward, a court date of Nov. 3, 2014 will decide the case. Perma-Fix declined to comment this week, and Philotechnics did not return calls for comment this week.
