EPA v. DELAWARE, STATE OF (GOVERNOR BACON HEALTH CENTER SUPERFUND SITE)

Case summary

On May 12, 2021, the U.S. District Court for the District of Delaware entered a Consent Decree to settle EPA?s cost recovery claims, pursuant to Sections 107(a) of CERCLA, against the U.S. Army Corps of Engineers and the State of Delaware (State) for costs incurred at the Governor Bacon Health Center Superfund Site (Site). The State is the current owner of the Site, which is located in Delaware City, Delaware. The Corps represents the United States Department of the Army, which owned and operated the Site as a landfill from the 1860s to 1947. EPA incurred $3,831,479 in response costs for a time-critical removal action performed in 2014 and 2015 to mitigate releases of lead from the Site into the adjacent Delaware River. Under the proposed Consent Decree, the State has agreed to pay to EPA $1,889,992 and the Corps has agreed to pay to EPA $1,700,993 for a total recovery of 95% of the costs incurred by EPA at the Site

Defendants (2)

• U S ARMY CORPS OF ENGINEERS ON BEHALF OF U.S. ARMY
• DELAWARE, STATE OFNamed in complaintNamed in settlement

Facilities (1)

• GOVERNOR BACON HEALTH CENTER SUPERFUND SITE

  RT 9 AND REEDY PT. BRIDGE, DELAWARE CITY, DE, 19706

  Registry ID: 110070881886

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• DELAWARE, STATE OF (GOVERNOR BACON HEALTH CENTER SUPERFUND SITE)entered 2021-05-12

  Primary law: CERCLA

Timeline (5 milestones)

• 2016-09-30Referred To Dept Of Justice
• 2016-10-03Enforcement Action Data Entered
• 2020-12-16Final Order Lodged
• 2020-12-16Complaint Filed With Court
• 2021-05-12Final Order Entered