Two chemical companies in McIntosh, a small town in Washington County, are disputing data reporting requirements from the U.S. Environmental Protection Agency, more than two years after agreeing to clean up chemicals spilled into the water basin adjacent to the Tombigbee River.

In 2021, Judge William Steele of the U.S. District Court for the Southern District of Alabama issued a consent decree, requiring Olin Corporation, which manufactures chlorine, and BASF Corporation, which manufactures antioxidants and light stabilizers, to clean up the water basin outside of their two plants. EPA officials and the Department of Justice found that mercury, hexachlorobenze (HCB), and byproducts of the now-banned pesticide DDT were contaminating the water basin.

Now, more than two years since the consent decree was issued, the chemical companies say that the reporting requirements issued by the EPA go beyond the scope of the consent decree and would divert resources that would otherwise be used to remedy the site.

The companies and the U.S. Department of Justice are awaiting a settlement conference with U.S. Magistrate Judge Bradley Murray on August 23 in Mobile.

“Remediating Parties were forced to file a motion For Judicial Review (”Motion”) in the Federal Court overseeing the consent decree after exhausting their remedies in the consent decree for both informal and formal dispute resolution, because they believe EPA’s demands relating to data delivery are beyond both the terms of the consent decree and EPA’s authority under the consent decree,” Olin and BASF said in an emailed statement to the Lede.