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05-1990-0165JudicialConcludedFY 1990· Region 05

EPA v. ANDERSON DEVELOPMENT CO.

Final Order No Penalty

Case summary

FROM 1970 TO 1979 THE ANDERSON DEVELOPMENT CO. PRODUCED THE CHEMICAL COMPOUND MBOCA, RESULTING IN THE CONTAMINATION OF SOILS AND SEDIMENT FROM MBOCA, A KNOWN ANIMAL AND SUSPEC- TED HUMAN-CARCINOGEN. AS OF DECEMBER 31, 1989, USEPA HAS EXPENDED APPROX. $242,000 IN UNREIMBURSED COSTS AT THE SITE, INCLUDING OVERSIGHT FOR AN RI/FS. RE: REFERRAL OF CONSENT DECREE THE CONSENT DECREE IS INTENDED TO SETTLE THE CLAIMS OF THE USEPA AGAINST THE NAMED DEFENDANT, ANDERSON DEVELOPMENT CO., FOR ITS LIABILITY TO THE U.S. PURSUANT TO SECTS 106 AND 107 OF CERCLA OF 1980, 42 USC SECT 9606 AND 9607, ET SEQ., AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986, PUB. L. NO. 99-499, 100 STAT. 1613 (1986) (CERCLA, AS AMENDED). A DRAFT COMPLAINT WHICH SEEKS DECLARATORY AND INJUNCTIVE RELIEF FROM THE NAMED SETTLING DEFENDANT. UNDER THE TERMS OF THIS CONSENT DECREE, SETTLING DEFENDANT AGREES TO ASSUME RESPONSIBILITY FOR IMPLEMENTATION OF THE CLEANUP. THE REMEDY IS CURRENTLY ESTIMATED TO COST APPROX. $1.1 MIL ($1,100,000). IN ADDITION, THE SETTLING DEFENDANT WILL PAY USEPA FOR ITS PAST COSTS THROUGH APRIL 30, 1991 AND FOR ITS FUTURE RESPONSE COSTS INCURRED AFTER APRIL 30, 1991. THE VALUE OF THIS SETTLEMENT REPRESENTS 100% OF THE PAST COSTS AND ALL FUTURE COSTS OF THE REMEDY. THIS SETTLEMENT IS IN THE BEST INTERESTS OF THE U.S. AND THE PUBLIC. ENTRY OF THIS CONSENT WILL INSURE PROMPT COMMENCEMENT OF THE REMEDIAL ACTION.

Defendants (2)

  • ANDERSON DEVELOPMENT CO.Named in complaintNamed in settlement
  • MITSUI TOATSU CHEMICALS LTD

Facilities (1)

  • ANDERSON DEVELOPMENT COMPANY

    1415 E. MICHIGAN ST., ADRIAN, MI, 49221

    Registry ID: 110000607843

Statutes cited

  • CERCLA 122Superfund

Enforcement conclusions (1)

  • ANDERSON DEVELOPMENTentered 1992-03-09

    Primary law: CERCLA

Timeline (7 milestones)

  • 1990-05-24Enforcement Action Data Entered
  • 1990-06-12PRN Sent
  • 1991-09-19Referred To Dept Of Justice
  • 1991-12-18Complaint Filed With Court
  • 1992-03-09Concluded
  • 1992-03-09Final Order Lodged
  • 1992-03-09Final Order Entered

Case metadata

EPA activity ID
27448
Case number
05-1990-0165
Lead agency
EPA
HQ division
CER
Branch
SWERB
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Superfund

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1990-0165 . Bulk data: ICIS-FEC download summary.

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