EPA v. CITY OF CLINTON, IA

Case summary

THIS IS A DIRECT REFERRAL WITH A DE MINIMIS LANDOWNER CONSENT DECREE. THE DEFENDANT IS THE OWNER OF THE CHEMPLEX SUPERFUND SITE IN CLINTON, IA. A SOIL CLEANUP IS GOING TO BE IMPLEMENTED AT THE SITE BY A NUMBER OF OTHER PRPS PURSUANT TO A CONSENT DECREE. THE CITY OF CLINTON, HOWEVER, IS THE OWNER AS A RESULT OF AN INDUSTRIAL DEVELOPMENT BOND LEASE-FINANCING ARRANGEMENT, AND IT THEREFORE IS POTENTIALLY EXEMPT FROM LIABILITY UNDER THE SECURED CREDITOR EXEMPTION. BECAUSE OF THIS POTENTIAL DEFENSE, THE CITY QUALIFIES FOR TREATMENT AS A DE MINIMIS LANDOWNER. UNDER THIS SETTLEMENT, THE CITY AGREES TO PROVIDE ACCESS TO THE SITE AND TO COMPLY WITH CERTAIN DEED RESTRICTIONS.

Defendants (1)

• CITY OF CLINTON, IANamed in complaintNamed in settlement

Facilities (1)

• CHEMPLEX CO II

  HAWKEYE RD S OF HWY 30W, CLINTON, IA, 52732

  Registry ID: 110009279565

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (1)

• CITY OF CLINTON, IAentered 1995-02-09

  Primary law: CERCLA

Timeline (8 milestones)

• 1994-09-30Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1994-12-21Complaint Filed With Court
• 1995-02-09Final Order Lodged
• 1995-02-09Final Order Entered
• 1995-02-09Concluded
• 1996-02-09Enforcement Action Closed
• 1996-02-09Pipeline Closed