THE CONSENT ORDER SETTLES THE LIABILITY OF CLARK EQUIPMENT COMPANY ( RESPONDENT OR CLARK ) UNDER SETION 107 AND 122 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980 ( CERCLA ), 42 U.S.C. SECTION 9607 AND 9622. SINCE TOTAL RESPONSE COSTS AT THE SITE EXCEED $500,000, THIS SETTLEMENT IS SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OF THE UNITED STATES. UNDER THE TERMS OF THE PROPOSED SETTLEMENT, CLARK SHALL PAY $49,469.00. THIS PAYMENT REPRESENTS REMBURSEMENT OF THE REMAINDER OF COSTS EPA INCURRED IN OVERSEEING CLARK'S PERFORMANCE OF THE REMEDIAL INVESTIGATION ( RI ) AT THE SITE AS WELL AS A PARTIAL REMBURSEMENT OF OTHER UNREIMBURSED PAST RESPONSE COSTS INCURRED BY EPA IN CONNECTION WITH THE SITE.
THE SITE WHICH IS LOCATED AT 655 GLENWOOD AVENUE, SMYRNA, DELAWARE IS PART OF A TWELVE-ACRE PARCEL OF PROPERTY LOCATED APPROXIMATELY 1/2 MILE SOUTHWEST OF THE CENTER OF THE TOWN OF SMYRNA. IT OCCUPIES AN AREA WHICH FORMERLY CONTAINED TWO WASTEWATER LAGOONS AND CONTAINS THE BUILDING WHICH MOST RECENTLY HOUSED THE RESPONDENT'S FOOD SERVICE EQUIPMENT MANUFACTURING OPERATIONS. THE LAGOONS ARE LOCATED IN THE NORTHEAST CORNER OF THE SITE. THE WASTEWATER REPORTEDLY CONTAINED VARIOUS WASTEES DESCRIBED AS PAINT RESIDUES, SOLVENTS USED TO CLEAN METAL PARTS PRIOR TO PAINTING, AND TRICHLOROETHENEN ( TCE ). BASED ON AERIAL PHOTOGRAPHS, ONE LAGOON MEASURED APPROXIMATELY 70 FEET X 70 FEET AND THE OTHER MEASURED 60 FEET X 60 FEET.
CLARK EQUIPME