EPA v. METAL MASTERS FOODSERVICE EQUIPMENT COMPANY, INC.

Case summary

ON MARCH 11, 1999, EPA FORWARDED A CIVIL LITIGATION REPORT RECOMMENDING THE FILING OF A CIVIL ACTION UNDER THE CERCLA SECTION 107 AND 113 CONCERNING THE TYLER REFRIGERATION SUPERFUND SITE (SITE) IN SMYRNA, DELAWARE. THIS ACTION SEEKS RECOVERY FROM THE RECOMMENDED DEFENDANTS OF OUTSTANDING COSTS TO OVERSEE PREPARATION BY ONE RECOMMENDED DEFENDANT OF A REMEDIAL INVESTIGATION FEASIBILITY STUDY (RI/FS) TOTALING $179,893.00 AND OTHER RESPONSE COSTS TOTALING $226,211.50. EPA RECOMMENDS THAT THE ACTION FOR ALL OF THESE COSTS BE FILED AGAINST CLARK EQUIPMENT AND METAL MASTERS FOODSERVICE EQUIPMENT COMPANY, INC. ON SEPTEMBER 12, 2004, A COST RECOVERY CONSENT DECREE WAS LODGED WITH THE U.S. DISTRICT COURT OF DELAWARE. THE CONSENT DECREE EMBODIED THE PROPOSED SETTLEMENT OF PAST RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITHT THE TYLER REFRIGERATION SUPERFUND SITE (ýýýSITEýýý), LOCATED IN SMYRNA, KENT COUNTY, DELAWARE. THE CONSENT DECREE SETTLES THE LIABILITY OF THE METAL MASTERS FOODSERVICE EQUIPMENT COMPANY, INC. (ýýýMETAL MASTERSýýý) UNDER SECTION 107 OF CERCLA. UNDER THE TERMS OF THE SETTLEMENT, METAL MASTERS WILL MAKE TWO PAYMENTS TOTALING $100,000.00 IN REIMBURSEMENT OF EPAýýýs PAST RESPONSE COSTS. BOTH PAYMENTS WERE MADE TO THE UNITED STATES, THE FIRST PAYMENT ON ----- AND THE SECOND PAYMENT ON NOVEMBER 4, 2005.

Defendants (2)

• CLARK EQUIPMENT COMPANY
• METAL MASTERS FOODSERVICE EQUIPMENT CO, INCNamed in complaintNamed in settlement

Facilities (1)

• TYLER REFRIGERATION

  655 GLENWOOD AVE, SMYRNA, DE, 19977

  Registry ID: 110009273981

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• METAL MASTERS FOODSERVICE EQUIPMENT COMPANY, INC.entered 2005-09-12

  Primary law: CERCLA

Timeline (6 milestones)

• 1999-03-12Referred To Headquarters
• 1999-03-12Referred To Dept Of Justice
• 1999-03-23Enforcement Action Data Entered
• 2005-06-24Complaint Filed With Court
• 2005-06-27Final Order Lodged
• 2005-09-12Final Order Entered