EPA v. MAC GILLIS & GIBBS (HYPRO CORPORATION)
Final Order No Penalty
Case summary
HYPRO OWNS REAL PROPERTY SITUATED ABOVE AN AQUIFER CON- TAMINATED BY THE ACTS AND OMISSION OF THIRD PARTIES. TO COMPLETE SITE REMEDIATION, U.S. EPA REQUIRES LONG-TERM ACCESS TO HYPRO'S PROPERTY, WHICH INCLUDES INSTALLATION AND OPERATION OF A GROUNDWATER EXTRACTION WELL CLUSTER AND RE- LATED PIPING. HYPRO AGREED IN THE CONSENT ORDER TO PROVIDE ACCESS AND WAIVE ANY CLAIM IT MIGHT HAVE FOR A COMPENSABLE TAKING UNDER THE U.S. CONSTITUTION; EPA GAVE A COVENANT NOT TO SUE AND CONTRIBUTION PROTECTION. DEFANDANT OWNED AND OPERATED FACILITY WITHIN THE MEANING OF CERCLA AT TIME HAZARDOUS SUBSTANCES WERE RELEASED; EPA INCURRED COSTS RESPONDING TO RELEASES.
Defendants (2)
- MACGILLIS & GIBBS/BELL LUNBER & POLENamed in settlement
- SOO LINE RAILROAD CO.
Facilities (1)
MACGILLIS & GIBBS COMPANY
440 5TH AVE. N.W., NEW BRIGHTON, MN, 55112
Registry ID: 110001135780
Statutes cited
- CERCLA 104A — CERCLA 104(a)
Enforcement conclusions (1)
MAC GILLIS & GIBBS (HYPRO CORPORATION)entered 1999-04-08
Primary law: CERCLA
Timeline (2 milestones)
- 1999-04-08Final Order Issued
- 1999-05-20Enforcement Action Data Entered
Case metadata
- EPA activity ID
- 31632
- Case number
- 05-1999-0293
- Lead agency
- EPA
- HQ division
- CER
- Branch
- MMBII
- EPA region
- 05
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- CERCLA 104(a)
Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1999-0293 . Bulk data: ICIS-FEC download summary.
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