EPA v. EXETER

Case summary

THE PPA ENABLES THE SETTLING RESPONDENTS TO ACQUIRE THE EXETER SUPERFUDN SITE, LOCATED IN THE CITY OF HOPEWELL, VIRGINIA ( SITE ), WITHOUT FEARING THE IMPOSITION OF LIABILITY UNDER SECTION 107(A) OF CERCLA. THE SITE OCCUPIES APPROXIMATELY 42.789 ACRES AND IS LOCATED IN AN URBAN, BUSINESS/INDUSTRIAL ZONE OF THE CITY. IN 1992 AND 1993, EPA PERFORMED A REMOVAL ACTION OAT THE SITE TO STABILIZE AND DISPOSE OF PCBS AND DRUMS OF HAZARDOUS SUBSTANCES, AND TO REMOVE AND DISPOSE OF PILES OF MATERIAL CONTAINING ASBESTOS. THE MAJORITY OF THE CLEANUP WAS FINANCED BY THE SUPERFUND AT EPA'S DIRECTION. UNDER THE TERMS OF THE PPA, EPA WILL PROVIDE THE SETTLING RESPONDENTS WITH A COVENANT NOT TO SUE, CONTRIBUTION PROTECTION AND A WAIVER OF ITS CERCLA LIEN HELD ON THE SITE PURSUANT TO SECTION 107(L) OF CERCLA, 42 U.S.C. SECTION 9607(1). IN EXCHANGE, THE SETTLING RESPONDENTS WILL PAY $50,000 TO EPA, AND ABATE THE EXISTING ABESTOS ON THE SITE, AT A COST OF APPROXIMATELY $1,000,000 TO $1,500,000. THE SETTLING RESPONDENTS ALSO INTEND TO DEMOLISH EXISTING DILAPIDATED STRUCTURES AT THE SITE AND ARRANGE FOR THE SITE TO BE COMMERCIALLY DEVELOPED FOR USE AS A RETAIL FACILITY.

Defendants (4)

• EXETERNamed in complaintNamed in settlement
• HOPEWELL, CITY OFNamed in complaintNamed in settlement
• L.L.C.Named in complaintNamed in settlement
• H.D.C.Named in complaintNamed in settlement

Facilities (1)

• EXETER

  100 S MAIN STREET, HOPEWELL, VA, 23860

  Registry ID: 110010714824

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• EXETER, CITY OF HOPEWELL, H.D.C., L.L.Centered 2001-04-24

  Primary law: CERCLA

Timeline (3 milestones)

• 2000-04-13Enforcement Action Data Entered
• 2001-04-24Complaint Filed/Proposed Order
• 2001-04-24Final Order Issued