EPA v. YOUNG, SOLOMON AND BETTY

Case summary

UNDER THE PROPOSED CONSENT DECREE, TWO PRPS, SOL AND BETTY YOUNG, AGREE TO REIMBURSE THE UNITED STATES $625,000 IN PAST COSTS RELATING TO THE FIRST AND SECOND OPERABLE UNITS AT THE KELLOGG DEERING SUPERFUND SITE IN NORWALK, CT. IN RETURN, THE YOUNGS WILL RECEIVE A COVENANT NOT TO SUE FROM THE UNITED STATES WITH RESPECT TO PAST RESPONSE COSTS, AS DEFINED IN THE DECREE. THE YOUNGS ARE NOT RELEASED FOR THE PERFORMANCE OF THE SECOND OPERABLE UNIT REMEDY, WHICH IS CURRENTLY BEING PERFORMED BY PARTIES TO A PRIOR SEPARATE CONSENT DECREE.1 THIS LIMITATION OF THE COVENANT IS SIGNIFICANT BECAUSE THE PARTIES TO THE PRIOR SEPARATE CONSENT DECREE HAVE FILED A CONTRIBUTION ACTION AGAINST SOL AND BETTY YOUNG, AS WELL AS OTHER PARTIES. THE UNITED STATES TOOK CARE TO ENSURE THAT THIS SETTLEMENT WILL NOT TRAMMEL THE PRIOR SETTLER'S RIGHTS IN THAT ACTION. AS OF NOVEMBER, 1992, EPA'S TOTAL PAST COSTS AT THE SITE ARE $3,446,498. ADDITIONALLY, THE VALUE OF THE SECOND OPERABLE

Defendants (2)

• BETTY YOUNGNamed in complaintNamed in settlement
• SOLOMON YOUNGNamed in complaintNamed in settlement

Facilities (1)

• KELLOGG-DEERING WELL FIELD

  345 MAIN ST, NORWALK, CT, 06856

  Registry ID: 110028889317

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• YOUNG, SOLOMON & BETTYentered 1993-10-20

  Primary law: CERCLA

  Federal penalty: $575,000

Timeline (7 milestones)

• 1990-09-30Enforcement Action Data Entered
• 1993-06-30Referred To Dept Of Justice
• 1993-10-12Complaint Filed With Court
• 1993-10-20Final Order Lodged
• 1993-10-20Final Order Entered
• 1993-10-20Concluded
• 1994-06-30Enforcement Action Closed