EPA v. HARRY J SMITH JR

Case summary

On March 30, 1999, a Consent Decree settling claims under CERCLA was entered by the United States District Court for the District of Maine which provided EPA with funding to pay for anticipated future EPA-lead cleanup actions. Under the Consent Decree, the Settling Federal Agencies paid EPA $11,287,000, which was deposited into the Special Account, and the Settling Federal Agencies are obligated to pay EPA 85% of all reimbursable costs over $11,977,000 plus certain interest amounts until 10 years after the Certification of Completion of the Remedial Action. On January 10, 2017, EPA received $15,688,223.55 from the Judgment Fund, which represented payment from the Settling Federal Agencies as a result EPA's invocation of the 1999 Consent Decree's Cost Reopener for response costs through October 27, 2015 via invoices submitted to the Settling Federal Agencies on October 18, 2016. THE PROPOSED ACTION IS THE SIGNING OF BOTH A CONSENT DECREE AND A REFERRAL LETTER TO DOJ REQUESTING CONCURRENCE AND LODGING OF THE CONSENT DECREE. THE CD IS A MAJOR ENFORCEMENT MILESTONE FOR THIS SITE. THE FUNDS RECOVERED BY THE CD WILL ALLOW EPA TO COMPLETE ALL FUTURE RESPONSE ACTIVITIES WITHOUT DELAYS DUE TO THE AVAILABILITY OF FUNDS IN A SITE SPECIFIC SPECIAL ACCOUNT. THE MAJOR CD COMPONENTS ARE: $11.287 MILLION IN REIMBUSEMENT OF EPA'S PAST AND FUTURE RESPONSE COSTS (FOR THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY) ( RI/FS ), NON-TIME CRITICAL REMOVAL ACTION (NTCRA) AND FUTURE REMEDIAL ACTIONS WITH A PROVISION TO REIMBURSE 85% OF ALL COSTS OVER $11.977MILLION OVER 10 YEARS AFTER THE CERTIFICATION OF COMPLETION OF THE REMEDIAL ACTION. THE 11.287 MILLION REIMBURSEMENT INCLUDES A PREMIUM OF $1.107 MILLION FOR THE TIME LIMITATION ON REIMBURSEMENTS FOR EPA'S COSTS IN EXCESS OF $11.977 MILLION. 2.082 MILLION IN REIMBURSEMENT OF FUTURE STATE OF MAINE COSTS THE CONVEYANCE OF THE SITE PROPERTIES TO THE STATE (MAINE ATLANTIC SALMON AUTHORITY). THE CD INCLUDES PROVISIONS WHICH GUARANTEE LONG-TERM ACCESS TO THE SITE AND TO PROPERTIES ADJACENT TO TEH SITE NEEDED TO IMPLEMENT ANY RESPONSE ACTIONS. THE CD ALSO SECURES A COMMITMENT TO IMPLEMENT ANY RESPONSE ACTIONS. THE CD INCLUDES ASSURANCES FROM THE STATE OF MAINE THAT IT WILL ACCEPT THE SITE PROPERTY, PROVIDE THE 10% COST SHARE FOR ANY FUTURE REMEDIAL ACTION, AND PERFORM ANY REQUIRED OPERATION AND MAINTENANCE. THE STATE AND SITE OWNERS (HARRY SMITH JR, AND TERRELL & LISA LORD) HAVE SIGNED THE CD, WHILE THE DEPARTMENT OF DEFENSE AND THE GENERAL SERVICES ADMIN- ISTRATION HAVE CONCURRED.

Defendants (1)

• HARRY J SMITH JRNamed in settlement

Facilities (1)

• EASTERN SURPLUS COMPANY

  ROUTE 191, MEDDYBEMPS, ME, 04657

  Registry ID: 110045545950

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (2)

• HARRY J SMITH JR (EASTERN SURPLUS)entered 1999-03-30

  Primary law: CERCLA

• HARRY J SMITH JR / EASTERN SURPLUSentered 2016-10-18

  Primary law: CERCLA

Timeline (5 milestones)

• 1998-12-10Enforcement Action Data Entered
• 1998-12-10Referred To Dept Of Justice
• 1999-01-25Final Order Lodged
• 1999-01-25Complaint Filed With Court
• 2016-10-18Final Order Entered