EPA v. STALLINGS SALVAGE SUPERFUND SITE (COST REC. AGMT)

Case summary

8/15/03 - AGREEMENT FOR RECOVERY OF PAST RESPONSE COSTS ISSUED. SETTLING PARTIES: ESTATE OF PAUL STALLINGS, BY AND THROUGH ITS EXECUTOR, MORRIS STALLINGS; MORRIS STALLINGS, AS EXECUTOR OF THE ESTATE OF PAUL STALLINGS; MORRIS STALLINGS AS ATTORNEY IN FACT FOR PAUL STALLINGS UNDER THE DURABLE POWER OF ATTORNEY DATED JUNE 2, 1994; AND MORRIS STALLINGS. THE SETTLING PARTIES SHALL MAKE PAYMENTS TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND IN REIMBURSEMENT OF PAST RESPONSE COSTS UPON THE FOLLOWING TERMS AND CONDITIONS: A. THE SETTLING PARTIES SHALL UNDERTAKE BEST EFFORTS TO SELL THE SITE PROPERTY. B. THE APPRAISAL CONDUCTED ON JUNE 4, 2002, BY MORRISON APPRAISAL INC., SHALL CONSTITUTE AN EPA ACCEPTED APPRAISAL. THEREFORE, THE APPRAISED VALUE OF THE SITE IS $61,600. C. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT, THE SETTLING PARTIES SHALL SUBMIT TO EPA INFORMATION DOCUMENTING THEIR BEST EFFORTS TO SELL THE SITE PROPERTY. D. THE SETTLING PARTIES SHALL NOTIFY EPA IN WRITING WITHIN 30 BUSINESS DAYS OF RECEIPT OF ANY WRITTEN OFFERS TO PURCHASE THE SITE PROPERTY OR A PORTION THEREOF. E. THE SETTLING PARTIES SHALL PAY EPA THE PROCEEDS FROM THE SALE OF THE SITE PROPERTY UP TO THE TOTAL PAST RESPONSE COSTS, WITHIN 15 DAYS OF THE CLOSING SALE DATE, LESS THE COSTS INCURRED TO MAINTAIN, MARKET AND SELL THE SITE, BUT WHICH ARE NOT TO EXCEED 10 PERCENT OFTHE SALES PRICE. SUCH INCURRED COSTS TO INCLUDE BUT NOT BE LIMITED TO ALL REALTOR COMMISSIONS, TAXES, MAINTENANCE COSTS, OR ATTORNEYS FEES. F. IF THE SITE PROPERTY IS NOT SOLD WITHIN 3 YEARS OF THE SIGNING OF THIS AGREEMENT, THE SETTLING PARTIES SHALL SELL THE SITE PROPERTY AT A PUBLIC AUCTION

Defendants (2)

• STALLINGS, PAUL (ESTATE OF)Named in settlement
• STALLINGS, MORRISNamed in settlement

Facilities (1)

• STALLINGS SALVAGE CO. SITE

  W SIDE OF SECREST AVE, BETWEEN SIMPSON & CURETON, MONROE, NC, 28110

  Registry ID: 110015748609

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• STALLINGS SALVAGE SUPERFUND SITE (COST REC. AGMT)entered 2003-08-15

  Primary law: CERCLA

Timeline (2 milestones)

• 2003-08-15Final Order Issued
• 2003-09-29Enforcement Action Data Entered