EPA v. HERRON 393 (ELKTON FARM FIREHOLE)

Case summary

On March 21, 2007 EPA Region III Regional Administrator signed a settlement resolving a potential windfall lien at the Elkton Farm Firehole Site (ASite@). EPA is conducting a Fund- lead removal action at the Site to remove discarded military munitions and related debris left behind from a manufacturing plant which operated nearby during World War II. Under the terms of the settlement EPA agrees to not file a lien under Section 107(r) of CERCLA@), 42 U.S.C. ' 9607(r), (a Awindfall lien@) against Herron 393, the current owner of the former farm property which includes the firehole, with respect to EPA=s munitions response in return for a payment of $213,850 (paid in several installments, with interest). The agreement also acknowledges that Herron 393 can, in lieu of any portion of its payments (other than the first), perform work called for under EPA=s 9/28/05 Action Memorandum, so long as it is memorialized in an Administrative Order on Consent, and its value is determined by EPA.

Defendants (1)

• HERRON 393Named in settlement

Facilities (1)

• ELKTON FARM FIREHOLE

  END OF ZEITLER ROAD, ELKTON, MD, 21921

  Registry ID: 110020748066

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• HERRON 393 (ELKTON FARM FIREHOLE)entered 2007-03-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2007-03-21Final Order Issued
• 2007-04-17Enforcement Action Data Entered