EPA v. DIAMOND STATE SALVAGE COMPANY

Case summary

REFERRAL FOR ENFORCEMENT OF A 106 REMOVAL ORDER FOR INJUNCTIVE RELIEF TO GAIN ACCESS TO THE SITE IN ADDITION TO PENALTIES. EPA CONDUCTED A REMOVAL RESPONSE ACTION IN 2001 AND INCURRED IN EXCESS OF $16 MILLION. THE FUND-LEAD REMOVAL INCLUDED ON-SITE BUILDING DEMOLITION, EXCAVATION OF SOIL CONTAMINATED WITH LEAD, PCBs AND OTHER METALS. DIAMOND STATE SALVAGE WAS A FORMER METALS RECYCLER AND OPERATED FROM 1949 UNTIL 1992. THE CIVIL ACTION SEEKS TO RECOVER US'S COSTS FROM 4 IDENTIFIED PRPs - DIAMOND STATE SALVAGE, THE ESTATE OF HERBERT SHERR, BARBARA SHERR KLEGER AND DELMARVA POWER AND LIGHT. DEFENDANTS ARE NOT A SMALL BUSINESS. SUPPLEMENTAL REFERRAL DATED MAY 7, 2004 WHICH SUPPLEMENTS A MAY 22, 1997 TO RECOVER PAST COST UNDER SECTION 107 OF CERCLA BECAUSE THE COST INCREASED SUBSTANTIALLY TO $18,000,000 AND TO GET INJUNCTIVE RELIEF UNDER SECTION 113 OF CERCLA.

Defendants (5)

• SHERR, HERBERT ESTATE OF (SB)Named in complaintNamed in settlement
• KLEGER, BARBARA SHERR (SB)Named in complaintNamed in settlement
• DELMARVA POWER AND LIGHT (SB)Named in complaintNamed in settlement
• SHERR, NANCY A. EXECUTRIX OF ESTATE OF HERBERT(SB)Named in complaintNamed in settlement
• DIAMOND STATE SALVAGE COMPANY (SB)Named in complaintNamed in settlement

Facilities (1)

• DIAMOND STATE SALVAGE

  702 E. 14TH STREET, WILMINGTON, DE, 19805

  Registry ID: 110009273641

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• DIAMOND STATE SALVAGE COMPANYentered 2006-08-16

  Primary law: CERCLA

• DIAMOND STATE SALVAGE COMPANYentered 2005-06-24

  Primary law: CERCLA

Timeline (9 milestones)

• 1997-05-22Referred To Headquarters
• 1997-05-22Referred To Dept Of Justice
• 1997-05-22Referred TO U.S. Attorney
• 1997-07-16Enforcement Action Data Entered
• 2004-05-07Supplemental Referral-Adding parties, counts
• 2005-02-11Complaint Filed With Court
• 2005-04-01Amended Complaint
• 2006-07-16Final Order Lodged
• 2006-08-16Final Order Entered