EPA v. AMERICAN BRASS, INC., SUPERFUND SITE

Case summary

12/14/06 - AGREEMENT FOR RELEASE AND WAIVER OF LIEN, CERCLA SECTION 107(r). IN CONSIDERATION OF AND IN EXCHANGE FOR EPA'S RELEASE OF AND WAIVER OF ANY LIEN IT HAS OR MAY HAVE UNDER ECTION 107(r) OF CERCLA WITH RESPECT TO THE PROPERTY, SETTLING PURCHASER AGREES TO DEMOLISH SIT BUILDINGS WITH THE VALUE OF THE WORK BEING UP TO $130,000. SETTLING PURCHASER SHALL TAKE ALL STEPS NECESSARY TO ACHIEVE AND MAINTAIN STATUS AS A BONA FIDE PROSPECTIVE PURCHASER AS THAT TERM IS DEFINED IN SECTION 101(40) OF CERCLA, FOR THE PROPERTY, BY WITHOUT LIMITATION, EXERCISING APPROPRIATE CARE BY TAKING REASONABLE STEPS AS SET FORTH IN SECTION 101(40)(D) OF CERCLA. IF SETTLING PURCHASER SPENDS LESS THAN $130,000, SETTLING PURCHASER SHALL MAKE PAYMENT OF THE DIFFERENCE TO THE EPA HAZARDOUS SUBSTANCES SUPERFUND.

Defendants (1)

• R&B INVESTMENTS, LLCNamed in settlement

Facilities (4)

• AMERICAN BRASS INC.

  HIGHWAY 134 WEST, HEADLAND, AL, 36345

  Registry ID: 110007915907

• AMERICAN BRASS INC.

  HIGHWAY 134 WEST, HEADLAND, AL, 36345

  Registry ID: 110007915907

• AMERICAN BRASS INC.

  HIGHWAY 134 WEST, HEADLAND, AL, 36345

  Registry ID: 110007915907

• AMERICAN BRASS INC.

  HIGHWAY 134 WEST, HEADLAND, AL, 36345

  Registry ID: 110007915907

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• AMERICAN BRASS, INC., SUPERFUND SITEentered 2006-12-14

  Primary law: CERCLA

Timeline (2 milestones)

• 2006-12-14Final Order Issued
• 2007-04-03Enforcement Action Data Entered