EPA v. TYLER REFRIGERATION PIT SITE, ET AL

Case summary

THE CONSENT ORDER SETTLES THE LIABILITY OF CLARK EQUIPMENT COMPANY ( RESPONDENT OR CLARK ) UNDER SETION 107 AND 122 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980 ( CERCLA ), 42 U.S.C. SECTION 9607 AND 9622. SINCE TOTAL RESPONSE COSTS AT THE SITE EXCEED $500,000, THIS SETTLEMENT IS SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OF THE UNITED STATES. UNDER THE TERMS OF THE PROPOSED SETTLEMENT, CLARK SHALL PAY $49,469.00. THIS PAYMENT REPRESENTS REMBURSEMENT OF THE REMAINDER OF COSTS EPA INCURRED IN OVERSEEING CLARK'S PERFORMANCE OF THE REMEDIAL INVESTIGATION ( RI ) AT THE SITE AS WELL AS A PARTIAL REMBURSEMENT OF OTHER UNREIMBURSED PAST RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE. THE SITE WHICH IS LOCATED AT 655 GLENWOOD AVENUE, SMYRNA, DELAWARE IS PART OF A TWELVE-ACRE PARCEL OF PROPERTY LOCATED APPROXIMATELY 1/2 MILE SOUTHWEST OF THE CENTER OF THE TOWN OF SMYRNA. IT OCCUPIES AN AREA WHICH FORMERLY CONTAINED TWO WASTEWATER LAGOONS AND CONTAINS THE BUILDING WHICH MOST RECENTLY HOUSED THE RESPONDENT'S FOOD SERVICE EQUIPMENT MANUFACTURING OPERATIONS. THE LAGOONS ARE LOCATED IN THE NORTHEAST CORNER OF THE SITE. THE WASTEWATER REPORTEDLY CONTAINED VARIOUS WASTEES DESCRIBED AS PAINT RESIDUES, SOLVENTS USED TO CLEAN METAL PARTS PRIOR TO PAINTING, AND TRICHLOROETHENEN ( TCE ). BASED ON AERIAL PHOTOGRAPHS, ONE LAGOON MEASURED APPROXIMATELY 70 FEET X 70 FEET AND THE OTHER MEASURED 60 FEET X 60 FEET. CLARK EQUIPMENT COMPANY AND ITS PREDECESSORS IN INTEREST MANUFACTURED REFRIGERATION EQUIPMENT AT THE PROPERTY UNITL 1978. IN 1978, METAL MASTERS TOOKS POSSESSION OF THE PROPERTY AND AT APPROXIMATELY THE SAME TIME, PURSUANT TO A FINANCING ARRANGEMENT WITH THE DELAWARE DEPARTMENT OF COMMUNITY AFFAIRS AND ECONOMIC DEVELOPMENT, TOOK TITLE OF THE PROPERTY. IN 1977, THE TOWN OF SMYRNA'S TWO MUNICIPAL WATER SUPPLY WELLS WERE FOUND TO CONTAIN TCE. THE SITE WAS IDENTIFIED AS ONE OF THE POSSIBLE SOURCES OF THIS CONTAMINATION. IN 1982, SMYRNA INSTALLED GRANULAR ACTIVATED CARBON UNITS ON THE TWO MUNICIPAL WATER SUPPLY WELLS WHICH EFFECTIVELY REDUCED THE TCE CONCENTRATIONS TO SAFE LEVELS. ALSO IN 1982, EPA PREPARED A PRELIMINARY ASSESSMENT/SITE INVESTIGATION OF THE SITE, FOLLOWING YEAR BY PREPARATION OF A PRELIMINARY ASSESSMENT BY THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL ( DNREC ). AFTER CONDUCTING FURTHER STUDIES AND EVALUATIONS AND PROPOSING THE SITE FOR INCLUSION ON THE NATIONAL PRIORITIES LISTS ( NPL ) IN 1986, EPA ADDED THE SITE TO THE NPL IN FEBRUARY OF 1990. IN ADDITION, IN MARCH 1991, EPA AND CLARK ENTERED INTO A CONSENT ORDER WHEREBY CLARK AGREED TO PERFORM A REMEDIAL INVESTIGATION ( RI ) AND FEASBILITY STUDY ( FS ) AT THE SITE. CLARK COMPLETED THE RI APRIL OF 1993. IN LATE 1993, EPA CONDUCTED THE RISK ASSESSMENT BASED ON THE RESULTS OF THE RI. ON JANUARY 27, 1994, EPA TERMINATED ALL OF CLARK'S OBLIGATIONS UNDER THE MARCH 1991 CONSENT ORDER. IN JUNE OF 1995, METAL MASTERS CEASED OPERATIONS AT THE SITE. THE PROPERTY IS CURRENTLY FOR SALE. ALSO, IN JUNE 1995, METAL MASTERS COMPLETED AN RI PURSUANT TO A CONSENT ORDER WITH DNREC. THAT RI STUDIED THE CONTAMINATION EMANATING FROM METAL MASTERS' MANUFACTURING OPERATIONS, ESPECIALLY THE GROUNDWATER NEAR THE LOADING DOCKS AND AN AREA USED TO STORE 55-GALLON DRUMS OF 1,1,1, TRICHLOROETHANE OPERATED BY METAL MASTERS. IN OCTOBER OF 1995, BASED ON THE RESULTS OF THAT RI, DNREC ISSUED A FINAL PLAN OF REMEDIAL ACTION WHICH RECOMMENDED THAT NO REMEDIAL ACTION WAS NECESSARY AT THE SITE. IN FEBRUARY OF 1996, EPA ISSUED A PROPOSED REMEDIAL ACTION PLAN WHICH ALSO RECOMMENDED THAT NO FURTHER ACTION AT THE SITE BE TAKEN EXCEPT FOR PERIODIC LONG-TERM GROUNDWATER MONITORING. ON MAY 10, 1996, EPA ISSUED ITS RECORD OF DECISION WHICH SELECTED A NO FURTHER ACTION REMEDY WITH A GROUNDWATER MONITORING REQUIREMENT.

Defendants (2)

• CLARK EQUIPMENT CONamed in complaintNamed in settlement
• TYLER REFRIGERATION PITNamed in complaintNamed in settlement

Facilities (1)

• TYLER REFRIGERATION PIT SITE

  655 GLENWOOD AVE, SMYRNA, DE, 19977

  Registry ID: 110009273981

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• TYLER REFRIGERATION PIT SITE, ET ALentered 2004-06-18

  Primary law: CERCLA

Timeline (3 milestones)

• 2004-03-24Enforcement Action Data Entered
• 2004-06-18Complaint Filed/Proposed Order
• 2004-06-18Final Order Issued