EPA v. SOUTH ANDOVER SITE

Case summary

THE CITY OF ANDOVER AND THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY (COLLECTIVELY, THE CITY ) ARE SPENDING $10 MILLION IN PUBLIC MONEY TO ACQUIRE, REMEDIATE, AND RE- DEVELOP THE SITE AS A COMMERCIAL/LIGHT INDUSTRIAL AREA UNDER THE STATE OF MINNESOTA'S VOLUNTARY INVESTIGATION AND CLEAN- UP PROGRAM. U.S. EPA IS PROVIDING COVENANTS NOT TO SUE AND CONTRIBUTION PROTECTION TO THE CITY UNDER THIS ADMINISTRA- TIVE AGREEMENT IN EXCHANGE FOR THE CITY'S CONTINUED CLEAN- UP OF REMAINING CONTAMINANTS AT THE SITE AND FURTHER DEVELOP MENT. U.S. EPA HAS DETERMINED THAT THE BENEFITS TO THE PUBLIC BY THIS AGREEMENT OUTWEIGH THE VALUE OF ANY POTENTIAL COST RECOVERY FROM THE CITY, WHOSE LIABILITY IS BASED SOLELY ON CURRENT OWNERSHIP OF SITE PROPERTY. U.S. EPA SIGNED THE AGREEMENT ON 9/15/98. DOJ SIGNED AND FULLY EXECUTED THE AGREEMENT ON 10/6/98. THE 30-DAY PUBLIC COMMENT PERIOD CLOSED ON 10/26/98. NO COMMENTS WERE RECEIVE D. ON 10/28/98, U.S. EPA ISSUED WRITTEN NOTICE TO THE CITY THAT THE COMMENT PERIOD CLOSED WITH NO COMMENTS. THE EFFECTIVE DATE OF THE AGREEMENT IS THEREFORE 10/28/98.

Defendants (3)

• SOUTH ANDOVER SITENamed in complaintNamed in settlement
• ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
• CITY OF ANDOVERNamed in complaint

Facilities (1)

• ANDOVER SITES

  2052 1/2 BUNKER LAKE BLVD, ANDOVER, MN, 55304

  Registry ID: 110008742762

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• SOUTH ANDOVER SITEentered 1998-10-28

  Primary law: CERCLA

Timeline (2 milestones)

• 1998-10-28Final Order Issued
• 1999-02-22Enforcement Action Data Entered