EPA v. LEXINGTON MANOR LEAD SITE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

BASED ON THE FINDINGS OF FACT: MANY SAMPLES THAT WERE OBTAINED FROM THIS SITE CONTAINED TOTAL LEAD AT 300 -- 273,000 PPM AND ARSENIC AT 2,090 PPM, THE U.S. EPA HAS DETERMINED THAT RESPONDENT, THE RYLAND GROUP, INC., SHALL PERFORM, AT A MINIMUM, ALL ACTIONS NECESSARY TO IMPLEMENT THE TIME CRITICAL REMOVAL ACTION. IN THE EVENT OF ANY ACTION OR OCCURRENCE DURING PERFORMANCE OF THE WORK WHICH CAUSES OR THREATENS A RELEASE OF WASTE MATERIAL FROM THE SITE THAT CONSTITUTES AN EMERGENCY SITUATION OR MAY PRESENT AN IMMEDIATE THREAT TO PUBLIC HEALTH OR WELFARE OR THE ENVIRONMENT, RESPONDENT SHALL IMMEDIATELY TAKE ALL APPROPRIATE ACTION. RESPONDENT SHALL PAY EPA ALL FUTURE RESPONSE COSTS NOT INCONSISTENT WITH THE NCP. RESPONDENT SHALL BE LIABLE TO EPA FOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDER. RESPONDENT SHALL PAY INTEREST ON UNPAID BALANCE WHEN RESPONDENT FAILS TO PAY STIPULATED PENALTIES. THE OSC SHALL BE RESPONSIBLE FOR OVERSEEING RESPONDENT'S IMPLEMENTATION OF THIS ORDER.

Defendants (1)

• THE RYLAND GROUP INCNamed in complaintNamed in settlement

Facilities (1)

• LEXINGTON MANOR LEAD SITE

  LEXINGTON MANOR SUBDIVISION, FAIRFIELD, OH, 45011

  Registry ID: 110014347536

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 107A — Cost Recovery
• CERCLA 104E2 — Information and/or Access
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• LEXINGTON MANOR LEAD SITE ADMIN ORDER (CERCLA)entered 2003-08-14

  Primary law: CERCLA

Timeline (2 milestones)

• 2003-08-14Final Order Issued
• 2003-08-26Enforcement Action Data Entered