EPA v. MASTER METALS INCORPORATION #2 (MI) ADMIN ORDER ON CONSENT (CERCLA)

Case summary

ON AUGUST 19, 2003, REGION 5 SIGNED AN ADMINISTRATIVE ORDER ON CONSENT (�AOC�) UNDER SECTIONS 106, 107 AND 122 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, (�CERCLA�), 42 U.S.C.�� 9606, 9607 AND 9622 CONCERNING IMPLEMENTATION OF WORK AND RECOVERY OF COSTS AT THE MASTER METALS SITE, INCLUDING THE FORMER LEAD SMELTER PROPERTY LOCATED AT 4700 AND 4740 NEVADA STREET, DETROIT, MI (�MASTER METALS PROPERTY�) AND RESIDENTIAL AND COMMERCIAL AREAS DOWNWIND OF THE MASTER METALS PROPERTY. THE SETTLING PARTIES ARE NL INDUSTRIES, INC., HONEYWELL INC., JOHNSON CONTROLS, INC., GENERAL MOTORS CORPORATION, FORD MOTOR COMPANY AND DAIMLER-CHRYSLER HEREINAFTER REFERRED TO AS �RESPONDENTS�. UNDER THE TERMS OF THE AOC, THE RESPONDENTS HAVE AGREED TO: 1) REMOVE CONTAMINATED SOIL ABOVE 400 PPM LEAD IN THE RESIDENTIAL AREAS AND 900 PPM IN THE COMMERCIAL/INDUSTRIAL AREAS DOWNWIND OF THE MASTER METALS PROPERTY; 2) COMPLETE THE REMOVAL OF CONTAMINATED SOIL ABOVE 900 PPM LEAD AT THE MASTER METALS PROPERTY CURRENTLY UNDERWAY PURSUANT TO UNILATERAL ADMINISTRATIVE ORDER VW 03-C-732 (�UAO�); 3) REIMBURSE U.S. EPA�S RESPONSE COSTS INCURRED AT THE MASTER METALS PROPERTY AND THE AREAS DOWNWIND OF THE MASTER METALS PROPERTY UNDER THE DETROIT LEAD DEPOSITION SURVEY PROJECT BETWEEN NOVEMBER 16, 2001 AND THE EFFECTIVE DATE, EXCEPT FOR THE FIRST $250,000; AND 4) REIMBURSE FUTURE RESPONSE COSTS AT THE SITE. EXCEPT FOR THE COST RECOVERY PROVISIONS, THE AOC WILL BECOME EFFECTIVE AUGUST 23, 2003. THE COST RECOVERY PROVISIONS WILL NOT BECOME EFFECTIVE UNTIL APPROVAL OF THE DEPARTMENT OF JUSTICE AND COMPLETION OF PUBLIC COMMENT PURSUANT TO SECTION 122(I) OF CERCLA. THE VALUE OF THE REMOVAL OF LEAD CONTAMINATED SOILS ON THE MASTER METALS PROPERTY IS APPROXIMATELY $1.2 MILLION. THE VALUE OF THE SETTLEMENT WITH RESPECT TO THE REMOVAL OF SOILS IN THE AREA DOWNWIND OF THE MASTER METALS PROPERTY IS APPROXIMATELY $2.5 MILLION.

Defendants (6)

• HONEYWELL INC/ALLIED SIGNALNamed in complaintNamed in settlement
• NL INDUSTRIES, INCORPORATEDNamed in complaintNamed in settlement
• JOHNSON CONTROLS INCORPORATEDNamed in complaintNamed in settlement
• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement
• FORD MOTOR COMPANYNamed in complaintNamed in settlement
• DAIMLER-CHRYSLERNamed in complaintNamed in settlement

Facilities (2)

• DETROIT LEAD DEPOSITION SCREENING PROJECT

  4700 E. NEVADA STREET, DETROIT, MI, 48234

  Registry ID: 110014329967

• MASTER METALS INCORPORATION #2

  4700 EAST NEVADA, DETROIT, MI, 48234

  Registry ID: 110071101265

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (1)

• MASTER METALS INCORPORATION #2 (MI) AOCentered 2003-08-19

  Primary law: CERCLA

Timeline (2 milestones)

• 2003-08-19Final Order Issued
• 2003-10-09Enforcement Action Data Entered