EPA v. TRACY LEAD BATTERY ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THIS SETTLEMENT AGREEMENT CONCERNS THE TRACY LEAD SITE LOCATED IN TRACY, MINNESOTA. IN RESPONSE TO THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES AT OR FROM THE SITE, EPA UNDERTOOK RESPONSE ACTIONS AT THE SITE PURSUANT TO SECTION 104 OF CERCLA, 42 U.S.C. § 9604. THE EPA RESPONSE ACTION INCLUDED THE REMOVAL AND OFF-SITE DISPOSAL OF LEAD CONTAMINATED SOILS. IN PERFORMING RESPONSE ACTION, EPA HAS INCURRED RESPONSE COSTS AT OR IN CONNECTION WITH THE SITE. EPA ALLEGES THAT THE SETTLING PARTIES (BAY SIDE RECYCLING CORPORATION, BAY SIDE HOLDING CORPORATION, AND ZENITH INVESTMENT AND MANAGEMENT CORPORATION), AS SUCCESSORS-IN-INTEREST TO WEST END IRON AND METAL CORPORATION, ARE RESPONSIBLE PARTIES PURSUANT TO SECTION 107(A) OF CERCLA, 42 U.S.C. §.9607(A), AND ARE JOINTLY AND SEVERALLY LIABLE FOR RESPONSE COSTS INCURRED OR TO BE INCURRED AT OR IN CONNECTION WITH THE SITE. EPA HAS REVIEWED FINANCIAL INFORMATION SUBMITTED BY THE SETTLING PARTIES TO DETERMINE WHETHER THE SETTLING PARTIES ARE FINANCIALLY ABLE TO PAY RESPONSE COSTS INCURRED AND TO BE INCURRED AT THE SITE. BASED UPON THIS FINANCIAL INFORMATION, EPA HAS DETERMINED THAT THE SETTLING PARTIES HAVE A LIMITED FINANCIAL ABILITY TO PAY FOR RESPONSE COSTS INCURRED AND TO BE INCURRED AT THE SITE.

Defendants (3)

• ZENITH INVESTMENT AND MANAGEMENT CORPORATIONNamed in complaintNamed in settlement
• BAY SIDE RECYCLING CORPORATIONNamed in complaintNamed in settlement
• BAY SIDE HOLDING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• TRACY LEAD BATTERY SITE

  361 S. 4TH ST. & 380 S. 4TH ST., TRACY, MN, 56175-1669

  Registry ID: 110037286521

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• TRACY LEAD BATTERY ADMIN ORDER ON CONSENT (CERCLA)entered 2011-10-13

  Primary law: CERCLA

Timeline (2 milestones)

• 2011-10-13Final Order Issued
• 2012-01-17Enforcement Action Data Entered