EPA v. THE PROPERTY LOCATED AT 745 GOVENOR LEA ROAD (METACHEM PRODUCTS SITE)

Case summary

On September 27, 2007, the United States filed a complaint in rem, against the property owned by the RP at the Site, to recover the costs of EPA's lien on the property. The lien was created pursuant to section 107(l) of CERCLA, which provides that a lien in favor of the United States will be created upon property that is owned by a liable party and that is subject to or affected by a remedial or removal action. On November 13, 2007, New Castle County filed a motion to intervene in the in rem action, stating that the county has statutory liens for taxes on the property. Upon joint motion by the United States and New Castle County, the court entered a stipulation and order of settlement on January 10, 2012, and an order granting default judgment on November 7, 2012. According to the stipulation and orders, judgment against the defendant is entered in favor of the United States and New Castle County, who may request that the property be sold. Proceeds from such sale shall be split equally between the United States and the County.

Defendants (1)

• 62.93 ACRES 745 Governor Lea Road, (in rem action)Named in complaintNamed in settlement

Facilities (1)

• STANDARD CHLORINE OF DELAWARE/METACHEM PRODUCTS

  745 GOVERNOR LEA ROAD, NEW CASTLE, DE, 19720

  Registry ID: 110000338554

Statutes cited

• CERCLA 107L — Lien

Enforcement conclusions (1)

• THE PROPERTY LOCATED AT 745 GOVENOR LEA ROAD (METACHEM PRODUCTS SITE)entered 2012-11-07

  Primary law: CERCLA

Timeline (6 milestones)

• 2007-02-05Referred To Dept Of Justice
• 2007-02-16Enforcement Action Data Entered
• 2007-09-25Complaint Filed With Court
• 2011-12-14Final Order Lodged
• 2012-11-07Concluded
• 2012-11-07Final Order Entered