EPA v. KESSLER, STANLEY, ESTATE OF, ET. AL.

Case summary

The referral is to requests DOJ?s continued assistance in completing a Superfund Consent Decree (CD). The CD seeks to convert an existing Unilateral Administrative Order issued by the Agency on September 29, 1995, and will also memorialize a cost recovery settlement between the United States and the Estate of Stanley Kessler, the Estate of Thelma Kessler, Morton Klevan and Beatrice Klevan (the Parties), relating to the above-listed Site. The two Estates are under the jurisdiction of the Orphan?s Court Division for the Court of Common Pleas of Montgomery County, Pennsylvania. The last remaining issue for both Estates is the liability at the Site. In an effort to allow the Estates to complete the probate process, representatives of the Estates and Mr. and Mrs. Klevan approached EPA requesting a settlement that did not include reopeners. EPA received prior written approval from OSRE on January 2004 for a covenant not to sue without reopeners.. The Department of Justice and Region III are in negotiations with the Parties, and expect to have a settlement in the near future.

Defendants (5)

• KESSLER, STANLEY, ESTATE OF (SB)Named in complaintNamed in settlement
• KESSLER, THELMA, ESTATE OF (SB)Named in complaintNamed in settlement
• KLEVAN, MORTON (SB)Named in complaintNamed in settlement
• KLEVAN, BEATRICE (SB)Named in complaintNamed in settlement
• PSD QUEENS DRIVENamed in complaintNamed in settlement

Facilities (1)

• STANLEY KESSLER COMPANY

  103 QUEENS DR, KING OF PRUSSIA, PA, 19406

  Registry ID: 110001037510

Statutes cited

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

Enforcement conclusions (1)

• KESSLER, STANLEY, ESTATE OF, ET. AL.entered 2007-10-09

  Primary law: CERCLA

Timeline (6 milestones)

• 1994-12-15PRN Sent
• 2004-09-28Referred To Dept Of Justice
• 2004-09-30Enforcement Action Data Entered
• 2007-03-22Final Order Lodged
• 2007-03-22Complaint Filed With Court
• 2007-10-09Final Order Entered