EPA v. NEW CASTLE COUNTY, DELAWARE

Case summary

On March 30, 2007, the Director of the Hazardous Site Cleanup Division signed a Unilateral Administrative Order (UAO) pursuant to Section 106 of CERCLA, which requires the respondent to implement the institutional controls called for in a July 8, 2003 Explanation of Significant Differences (ESD) for the Delaware Sand and Gravel Superfund Site (Site), located in New Castle County, Delaware. The respondent, New Castle County, Delaware, is the current owner of Site property containing a portion of one of the Site landfills and other Site features. In relevant part, the ESD calls for institutional controls restricting use of the protion of the Site owned by the respondent which could comprimise the effectiveness of the remedial action undertaken at the Site and prohibits the installation of drinking water wells. The UAO calls for those use restrictions, requires the provision of access to the respondent's Site property and requires the respondent to file a title notice with the New Castle County Recorder of Deeds.

Defendants (1)

• DELAWARE SAND AND GRAVELNamed in settlement

Facilities (2)

• DELAWARE SAND & GRAVEL SUPERFUND SITE

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

• DELAWARE SAND & GRAVEL SUPERFUND SITE

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• NEW CASTLE COUNTY, DELAWAREentered 2007-03-30

  Primary law: CERCLA

• NEW CASTLE COUNTY, DELAWAREentered 2008-05-12

  Primary law: CERCLA

Timeline (2 milestones)

• 2007-04-03Enforcement Action Data Entered
• 2008-05-12Final Order Issued