EPA v. SOUTH MINNEAPOLIS RESIDENTAIL SOIL CONTAMINATION BFPP (CERCLA)

Case summary

THIS IS A BONA FIDE PROSPECTIVE PURCHASER ( BFPP ) SETTLEMENT AGREEMENT FOR THE SOUTH MINNEAPOLIS RESIDENTIAL SOIL. UNDER THIS PROPOSED SETTLEMENT, OPEN ARMS OF MINNESOTA ( OPEN ARMS ), WOULD EXCAVATE AND DISPOSE OF ARSENIC-CONTAMINATED SOIL AT ITS PROPERTY IN THE MANNER DESCRIBED IN U.S. EPA’S RECORD OF DECISION ( ROD ) FOR THE SITE. ABSENT THIS PROPOSED SETTLEMENT U.S. EPA WOULD HAVE TO PERFORM THIS WORK USING MONEY FROM THE SUPERFUND BECAUSE, AS A BFPP, OPEN ARMS IS NOT A LIABLE PARTY UNDER CERCLA. THE BFPP IS WILLING TO FUND AND PERFORM THE WORK THIS SUMMER (WITH U.S. EPA OVERSIGHT) TO HELP EXPEDITE BROWNFIELD REDEVELOPMENT OF ITS PROPERTY; U.S. EPA WOULD NOT BE ABLE TO PERFORM THE WORK AS QUICKLY USING ITS RESOURCES.

Defendants (1)

• OPEN ARMS OF MINNESOTANamed in settlement

Facilities (1)

• SOUTH MINNEAPOLIS RESIDENTIAL SOIL CONTAMINATION

  27TH ST EAST & 17TH AV SOUTH, MINNEAPOLIS, MN, 55407

  Registry ID: 110017937982

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 104E2 — Information and/or Access
• CERCLA 122H — Administrative Cost Recovery Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• SOUTH MINNEAPOLIS RESIDENTAIL SOIL CONTAMINATION BFPP (CERCLA)entered 2009-07-30

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-07-30Final Order Issued
• 2009-10-06Enforcement Action Data Entered