EPA v. 61 INDUSTRIAL PARK

Case summary

THIS IS A SUPERFUND ALTERNATIVE SITE. THE SITE ONCE HOUSED SEVERAL MANUFACTURING OPERATIONS INCLUDING METAL PLATING, PYROTECHNICS AND ORDNANCE MANUFACTURING, AND MAGNESIUM COATING PROCESS. THE SITE PROPERTY IS OWNED BY THE 61 INDUSTRIAL PARK, LTD (THE PARTNERSHIP). ALL PARTNERS OF THE PARTNERSHIP ARE DECEASED. PACE-CARIBE AND AMBAC INDUSTRIES, INC. WERE PREDECESSORS IN INTEREST TO UNITED TECHNOLOGIES CORP. (UTC). THE PARTNERSHIP AND UTC’s PREDECESSORS CONDUCTED MANUFACTURING ACTIVITIES AT THE SITE. UTC, COMPLETED THE RI/FS UNDER AN AOC. THE REMEDY SELECTED FOR THE SITE, CONSISTS OF ENHANCED REDUCTIVE DECHLORINATION AND MONITORED NATURAL ATTENUATION TO ADDRESS THE GROUNDWATER CONTAMINATION AT THE SITE. THE ROD WAS ISSUED ON SEPT 29, 2008. THE PROPOSED CONSENT DECREE (“CD”) PROVIDES: (1) IMPLEMENTATION OF THE REMEDY AS DELINEATED IN THE ROD; (2) PAYMENT OF 100 PERCENT OF ALL FUTURE RESPONSE COSTS TO BE INCURRED BY EPA AND DOJ WITH RESPECT TO THE SITE; AND (3) THE PAYMENT OF 100 PERCENT OF OPERATION AND MAINTENANCE COSTS. UTC HAS AGREED TO IMPLEMENT THE REMEDY. 3/31/10 - CONSENT DECREE ENTERED (04-2010-C011). DEFENDANT: UNITED TECHNOLOGIES CORP.

Defendants (5)

• UNITED TECHNOLOGIES COMPANYNamed in complaintNamed in settlement
• ELIZABETH FEEZOR LAZAROV, AS TRUSTEE
• BENNIE LAZAROV MARITAL TRUST
• LAZAROV, DAVID BENJAMIN (ESTATE OF)
• SIXTY-ONE INDUSTRIAL PARK, LTD

Facilities (1)

• SIXTY ONE INDUSTRIAL PARK

  5607 HIGHWAY 61 SOUTH, MEMPHIS, TN, 38109

  Registry ID: 110006122329

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• 61 INDUSTRIAL PARKentered 2010-03-31

  Primary law: CERCLA

Timeline (7 milestones)

• 2008-06-28PRN Sent
• 2009-09-04Referred To Dept Of Justice
• 2009-09-17Enforcement Action Data Entered
• 2009-12-11Complaint Filed With Court
• 2010-03-31Final Order Lodged
• 2010-03-31Concluded
• 2010-03-31Final Order Entered