REFERRAL FOR ENFORCEMENT OF A 106 REMOVAL ORDER FOR INJUNCTIVE RELIEF TO GAIN ACCESS TO THE SITE IN ADDITION TO PENALTIES.
EPA CONDUCTED A REMOVAL RESPONSE ACTION IN 2001 AND INCURRED IN EXCESS OF $16 MILLION. THE FUND-LEAD REMOVAL INCLUDED ON-SITE BUILDING DEMOLITION, EXCAVATION OF SOIL CONTAMINATED WITH LEAD, PCBs AND OTHER METALS. DIAMOND STATE SALVAGE WAS A FORMER METALS RECYCLER AND OPERATED FROM 1949 UNTIL 1992.
THE CIVIL ACTION SEEKS TO RECOVER US'S COSTS FROM 4 IDENTIFIED PRPs - DIAMOND STATE SALVAGE, THE ESTATE OF HERBERT SHERR, BARBARA SHERR KLEGER AND DELMARVA POWER AND LIGHT. DEFENDANTS ARE NOT A SMALL BUSINESS.
SUPPLEMENTAL REFERRAL DATED MAY 7, 2004 WHICH SUPPLEMENTS A MAY 22, 1997 TO RECOVER PAST COST UNDER SECTION 107 OF CERCLA BECAUSE THE COST INCREASED SUBSTANTIALLY TO $18,000,000 AND TO GET INJUNCTIVE RELIEF UNDER SECTION 113 OF CERCLA.