EPA v. AIRCRAFT COMPONENTS (D & L SALES) CONSENT DECREE (CERCLA)

Case summary

1. Pursuant to the consent decree,the United States, on behalf of the Settling Federal Agencies shall pay to the EPA $5,649,438 in reimbursement of EPA's past costs incurred for taking response actions that addressed the radiation operable unit of the site. Under the consent decree, the term Settling Federal Agencies means the United States Department of Defense, including all of its departments, offices, agencies, activities, commands and instrumentalities,including without limitation, the United States Defense Logistics Agency. Pursuant to the consent decree, this payment shall be made as soon as reasonably practicable after the date of entry of the consent decree. If the payment is not made as soon as reasonably practicable, the appropriate EPA Regional Branch Chief may raise any issues relating to payment to the appropriate DOJ Assistant Section Chief for the Environmental Defense Section. If the payment is not made within 120 days after the date of entry of the consent decree, EPA and DOJ have agreed to resolve the issue within 30 days in accordance with a letter agreement dated December 28, 1998. Paragraph 27.b of the consent decree states that the total amount to be paid by Settling Federal Agencies pursuant to this paragraph shall be deposited in the Aircraft Components Site Special Account within the EPA Hazardous Substance Superfund to be retained and used to conduct or finance response actions at or in connection with the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund. Thus, a special account should be established to receive this payment. 2. There are also provisions in the consent decree concerning possible payment of any stipulated penalties by D&L Sales, Inc, the Settling Defendant. The consent decree provides that if EPA determines that D&L Sales, Inc. has failed to comply with a requirement of the consent decree, EPA may send D&L Sales, Inc. a written demand for the payment of those stipulated penalties. All such penalties shall be due and payable to EPA within 30 days of D&L Sales, Inc.'s receipt of EPA's demand for payment, unless D&L Sales, Inc. invokes the Dispute Resolution procedures under the consent decree. All payments of such penalties shall be paid by certified or cashier's checks and made payable to EPA Hazardous Substances Superfund. and shall be mailed to U.S. Environmental Protection Agency, Fines and Penalties, P.O. Box 979077, St. Louis, MO 63197-9000 with appropriate case and payor identification. The consent decree includes no Performance Guarantee provisions for completion of work.

Defendants (7)

• UNISYS CORPORATION
• LAWRENCE ZIPPIERO
• D&L SALES, INC.Named in complaintNamed in settlement
• US Department of Defense (DoD)
• HARBOR SHORES REAL ESTATE LLCNamed in complaintNamed in settlement
• BENTON HARBOR-BENTON TOWNSHIP LAND DEVELOPMENT LLCNamed in complaintNamed in settlement
• HARBOR SHORES COMMUNITY REDEVELOPMENT, INC.Named in complaintNamed in settlement

Facilities (1)

• AIRCRAFT COMPONENTS (D & L SALES)

  671 NORTH SHORE DR, BENTON HARBOR, MI, 49022-3645

  Registry ID: 110003702574

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• AIRCRAFT COMPONENTS (D & L SALES) CONSENT DECREE (CERCLA)entered 2012-04-30

  Primary law: CERCLA

Timeline (5 milestones)

• 2005-09-27Referred To Dept Of Justice
• 2005-10-14Enforcement Action Data Entered
• 2011-11-09Final Order Lodged
• 2011-11-09Complaint Filed With Court
• 2012-04-30Final Order Entered