EPA v. TYLER REFRIGERATION PIT SITE

Case summary

THE CONSENT ORDER, ENTERED INTO PURSUANT TO SECTIONS 104(B) AND 122(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED, 42 U.S.C. SECTION 9606(A) AND 9622(A), REQUIRES METAL MASTERS FOODSERVICE AND EQUIPMENT COMPANY, A MARYLAND CORPORATION, TO PERFORM MONITORING OF THE GROUND WATER BOTH ON-SITE AND OFF-SITE TO ENSURE THAT CONTAMINANTS DO NOT MIGRATE OFF-SITE AT LEVELS WHICH WOULD POSE A THREEAT TO HUMAN HEALTH AND THE ENVIRONMENT. THIS WORK SATISFIES THE REQUIREMENTS OF EPA'S MAY 1996 RECORD OF DECISION WHICH DETERMINED THAT CONDITIONS AT THE SITE PRESENTED MINIMAL RISK TO HUMAN HEALTH AND THE ENVIRONMENT. ACCORDINGLY, EPA SELECTED A NO FURTHER ACTION REMEDY WITH LONG-TERM MONITORING. ON JUNE 4, 2002, EPA NOTIFIED METAL MASTERS THAT THE AOC WAS EFFECTIVE. METAL MASTERS IS REQUIRED TO SUBMIT A WORK PLAN FOR THE GROUNDWATER MONITORING PROGRAM FIFTEEN (15) DAYS AFTER THE EFFECTIVE DATE OF THE AOC. TO DATE, METAL MASTERS HAS CONTINUED TO PERFORM ITS OBLIGATIONS UNDER THE AOC.

Defendants (2)

• TYLER REFRIGERATION PIT SITENamed in settlement
• METAL MASTERS FOODSERVICE & EQUIPMENT CONamed in complaintNamed in settlement

Facilities (1)

• TYLER REFRIGERATION PIT SITE

  655 GLENWOOD AVE, SMYRNA, DE, 19977

  Registry ID: 110009273981

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• TYLER REFRIGERATION PIT SUPERFUND SITEentered 2002-06-04

  Primary law: CERCLA

Timeline (3 milestones)

• 2001-12-05Enforcement Action Data Entered
• 2002-06-04Complaint Filed/Proposed Order
• 2002-06-04Final Order Issued