EPA v. AZTEC INDUSTRIES/DURHAM MEADOWS

Case summary

In January 2012, the United States lodged an ability-to-pay Consent Decree (CD) with the Connecticut District Court that resolves EPA's enforcement efforts against Merriam Manufacturing Company, Aztec Industries, LLC, and the Estate of Allan Adams (collectively, the Settling Defendants ) under Section 107 of the CERCLA. Because of the Settling Defendants' limited ability-to-pay, the CD allows the Defendants to satisfy their responsibilities solely through payments from insurance claims proceeds and the sale of real property at the Merriam Manufacturing portion of the Site. The Settling Defendants are also required to provide access and impose institutional controls on the properties at the MMC Study Area in order to ensure protectiveness of human health and the environment. The settlement takes into consideration an evaluation of public comments received on the proposed settlement. The Court approved the U.S. motion to enter the CD in an order dated January 15, 2013

Defendants (5)

• AZTEC INDUSTRIES LLCNamed in complaintNamed in settlement
• 275 MAIN ST LLCNamed in complaint
• PEARSON DANIEL D
• MERRIAM MANUFACTURING COMPANYNamed in complaintNamed in settlement
• ESTATE OF ALLAN E ADAMSNamed in complaintNamed in settlement

Facilities (1)

• AZTEC INDUSTRIES (SB)

  281 AND 275 MAIN ST, DURHAM, CT, 06422

  Registry ID: 110045462049

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AZTEC INDUSTRIES/DURHAM MEADOWSentered 2013-01-15

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-08-11Referred To Dept Of Justice
• 2008-08-13Enforcement Action Data Entered
• 2012-01-11Complaint Filed With Court
• 2012-01-11Final Order Lodged
• 2013-01-15Final Order Entered