EPA v. CHIPPEWA AVENUE

Case summary

RESPONDENT TORO SHALL PAY TO THE EPA HAZARDOUS SUBSTANCE SUPERFUND $65,000 IN REIMBURSEMENT OF PAST RESPONSE COSTS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT. IF ANY AMOUNTS DUE TO EPA ARE NOT PAID BY THE REQUIRED DATE, TORO SHALL PAY TO EPA, AS A STIPULATED PENALTY, IN ADDITION TO THE INTEREST, $100 PER VIOLATION PER DAY THAT SUCH PAY- MENT IS LATE. IN ADDITION TO THE INTEREST AND STIPULATED PENALTY PAYMENT REQUIRED BY THIS SECTION AND ANY OTHER REMEDIES OR SANCTIONS AVAILABLE TO EPA BY VIRTUE TORO'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS AGREEMENT, TORO SHALL BE SUBJECT TO ENFORCEMENT ACTION PURSUANT TO SECTION 122(H) OF CERCLA. IF THE UNITED STATES, ON BEHALF OF EPA, BRINGS AN ACTION TO ENFORCE THIS AGREEMENT, TORO SHALL REIMBURSE THE UNITED STATES FOR ALL COSTS OF SUCH ACTION, INCLUDING BUT NOT LIMITED TO COSTS OF ATTORNEY TIME

Defendants (2)

• CHIPPEWA AVENUENamed in settlement
• THE TORO CORPORATIONNamed in settlement

Facilities (1)

• CHIPPEWA AVENUE AREA GROUNDWATER CONTAMINATION

  CHIPPEWA AND MAIN, SOUTH BEND, IN, 46614

  Registry ID: 110064283216

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CHIPPEWA AVENUEentered 2001-12-21

  Primary law: CERCLA

Timeline (2 milestones)

• 2001-12-21Final Order Issued
• 2002-01-08Enforcement Action Data Entered