EPA v. DELL'AVERSANO, VINCENT (DELAWARE SAND & GRAVEL SITE)

Case summary

On August 13, 2019, United District Court Judge John E. Jones, III entered a CERCLA Consent Decree which requires Vincent Dell?Aversano, an owner of the Delaware Sand and Gravel Superfund Site (Site), located in New Castle County, Delaware, not to interfere with the implementation, integrity and protectiveness of the cleanup at the Site. The Consent Decree, which was filed in the United States District Court for the District of Delaware, became effective upon entry. The Site is a former sand and gravel quarry converted into an industrial waste landfill comprising approximately twenty-seven acres. The Consent Decree resolves the United States? complaint against Mr. Dell?Aversano for violating a CERCLA Unilateral Administrative Order (UAO) regarding use of his Site property. Under the Consent Decree, with respect to his Site property, Mr. Dell?Aversano agrees to, among other things: (1) comply with use restrictions; (2) provide access to EPA, the State of Delaware and the parties conducting the cleanup of the Site; (3) comply with certain reporting requirements; and (4) file notice of those restrictions and obligations in the appropriate land records office. Given Mr. Dell?Aversano?s limited financial resources, the Consent Decree does not require him to pay a civil penalty for his violations of the UAO. However, the Consent Decree does impose significant stipulated penalties should he violate the terms of the Consent Decree

Defendants (1)

• DELL'AVERSANO, VINCENTNamed in complaintNamed in settlement

Facilities (4)

• DELAWARE SAND & GRAVEL LANDFILL

  770 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

• DELAWARE SAND & GRAVEL LANDFILL

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

• DELAWARE SAND & GRAVEL LANDFILL

  770 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

• DELAWARE SAND & GRAVEL LANDFILL

  229 GRANTHAM LANE, NEW CASTLE, DE, 19720

  Registry ID: 110009328628

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• DELL'AVERSANO, VINCENT (DELAWARE SAND & GRAVEL SITE)entered 2019-08-13

  Primary law: CERCLA

Timeline (5 milestones)

• 2016-03-11Referred To Dept Of Justice
• 2016-03-15Enforcement Action Data Entered
• 2017-09-22Complaint Filed With Court
• 2019-06-20Final Order Lodged
• 2019-08-13Final Order Entered