EPA v. B&B MANUFACTURING SITE (LEON DENNIS)

Case summary

2/7/11 - SETTLEMENT AGMT FOR RECOVERY OF RESPONSE COSTS BASED ON ABILITY TO PAY. SETTLING PARTY: LEON DENNIS. THE SETTLING PARTY SHALL MAKE PAYMENTS TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND IN REIMBURSEMENT OF PAST RESPONSE COSTS UPON THE FOLLOWING TERMS AND CONDITIONS: A. THE SETTLING PARTY SHALL UNDERTAKE BEST EFFORTS TO SELL THE SITE PROPERTY AT FAIR MARKET VALUE. B. THE APPRAISED FAIR MARKET VALUE OF THE SITE PROPERTY AS OF FEB 22, 2010 IS $75,200. C. WITHIN 30 DAYS, SETTLING PARTY SHALL SUBMIT TO EPA INFO DOCUMENTING HIS BEST EFFORTS TO SELL THE SITE PROPERTY. THE SETTLING PARTY SHALL THEREAFTER SUBMIT AN UPDATE DOCUMENTING HIS CONTINUING BEST EFFORTS TO SELL THE SITE PROPERTY EVERY 3 MONTHS, WITH THE FIRST UPDATE DUE 4 MONTHS FROM THE EFFECTIVE DATE OF THIS SETTLEMENT AGMT. D. THE SETTLING PARTY SHALL NOTIFY EPA IN WRITING WITHIN 3 BUSINESS DAYS OF RECEIPT OF ANY OFFERS TO PURCHASE THE SITE PROPERTY. THE SETTLING PARTY SHALL AT THAT TIME PROVIDE EPA IWTH A COPY OF THE OFFER, INCLUDING THE IDENTITY OF THE PROSPECTIVE PURCHASER, THE TERMS OF THE OFFER TO PURCHASE THE SITE PROPERTY, AND THE CONSIDERATION TO BE PAID. IF THE AMOUNT OF THE OFFER IS EQUAL TO OR GREATER THAN THE APPRAISED FAIR MARKET VALUE, IF THE OFFER INCLUDES AN EPA-APPROVED AGMT BY THE PROSPECTIVE PURCHASER TO EXECUTE AND RECORD PROPRIETY CONTROLS AND IF THE OFFER DOES NOT CONTIAN UNREASONABLE CONTINGENCIES OR TERMS, THEN THE SETTLING PARTY SHALL SELL THE SITE PROPERTY. IF THE AMOUNT OF THE OFFER IS BELOW THE APPRAISED FAIR MARKET VALUE, THE DECISION TO SELL THE PROPERTY IS IN EPA'S SOLE DISCRETION. E. THE SETTLING PARTY SHALL NOTIFY EPA OF THE COMPLETION OF THE SALE WITHIN 10 DAYS AND SHALL INCLUDE A COPY OF THE CLOSING BINDER, INCLUDING FINAL EXECUTED DOCUMENTATION FOR THE CONVEYANCE AND DOCUMENTATION EVIDENCING COSTS INCURRED TO MAINTAIN, MARKET, AND SELL THE SITE. THE SETTLING PARTY SHALL PAY EPA THE PROCEEDS FROM THE SALE OF THE PROPERTY UP TO THE TOTAL UNRECOVERED PAST RESPONSE COSTS WITHIN 15 DAYS OF THE CLOSING, LESS THE COSTS INCURRED TO MAINTAIN, MARKET, AND SELL THE SITE, BUT WHICH ARE NOT TO EXCEED 10% OF THE SALES PRICE. SUCH INCURREC COTS INCLUDE REALTOR COMMISSIONS, TAXES, MAINTENANCE COSTS, AND CLOSING ATTY FEES. F. IF THE PROPERTY IS NOT SOLD IWTHIN 3 YRS, THE SETTLING PARTY SHALL SELL THE PROPERTY AT A PUBLIC AUCTION.

Defendants (1)

• DENNIS, LEONNamed in settlement

Facilities (1)

• B&B MANUFACTURING

  401 SOUTH CAROLINA STREET, MOBILE, AL, 36603-2037

  Registry ID: 110010069549

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• B&B MANUFACTURING SITE (LEON DENNIS)entered 2011-02-07

  Primary law: CERCLA

Timeline (2 milestones)

• 2011-02-07Final Order Issued
• 2011-03-03Enforcement Action Data Entered