Briggs & Stratton Corp., Peach Metal Industries Site

Plain-English summary

Briggs & Stratton Corp. had a CERCLA section 106(b) petition seeking reimbursement related to the Peach Metal Industries Site. The company and EPA entered an agreement for recovery of past response costs, and EPA reported that the public-comment period ended without comments requiring changes or withdrawal. Under that agreement, Briggs & Stratton moved to withdraw its reimbursement petition with prejudice. The Board granted the motion and closed the file.

Decision snapshot

• Cited authorities: 42 U.S.C. § 9606(b)
• Outcome: Reimbursement petition withdrawn with prejudice and Board file closed.
• Key point: A settlement agreement can provide the basis for withdrawing a pending CERCLA reimbursement petition with prejudice.

Full text (EPA EAB public release)

        BEFORE THE ENVIRONMENTAL APPEALS BOARD
    UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                   WASHINGTON, D.C.



                          )

In the Matter of: )
)
Briggs & Stratton Corp. ) CERCLA § 106(b) Petition
Peach Metal Industries Site ) No. 95-3
)
)

ORDER GRANTING MOTION TO WITHDRAW PETITION FOR REIMBURSEMENT

Petitioners in the above-captioned matter, Briggs &

Stratton Corp., have submitted a motion to withdraw their

petition for reimbursement with prejudice. See Motion to

Withdraw, With Prejudice, CERCLA § 106(b) Petition for

Reimbursement No. 95-3 ("Motion") (Jan. 5, 2000). The Motion

states, in part:

     On September 30, 1999, the EPA and Briggs &
Stratton entered into Agreement for Recovery of Past
Response Costs, U.S. EPA Region 4 CERCLA Docket
Number 99-40-C (the "Agreement"). By letter dated
December 28, 1999 (the "Effective Date"), EPA
notified Briggs & Stratton that the period for
public comment on the Agreement had expired and that
none of the comments required modifications or
withdrawal of the Agreement. Pursuant to the
Agreement, Briggs & Stratton agreed to submit a
request to withdraw, with prejudice, CERCLA § 106(b)
Petition for Reimbursement No. 95-3, within fourteen
(14) days of the Effective Date.

Motion at 1.
 2

For good cause shown, the Motion is granted and the

Board’s file on the above-captioned petition for reimbursement

will now be closed.

So ordered.




                              ENVIRONMENTAL APPEALS BOARD

Dated: January 11, 2000 By: /s/
Kathie A. Stein
Environmental Appeals Judge
 3

                   CERTIFICATE OF SERVICE

 I hereby certify that copies of the foregoing Order

Granting Motion to Withdraw Petition for Reimbursement in the
matter of Briggs & Stratton Corp., Peach Metal Industries
Site, CERCLA § 106(b) Petition No. 95-3, were sent to the
following persons in the manner indicated:

First Class Mail,
Postage Prepaid: John Johnson
5200 Bank of America
600 Peachtree St., N.E.
Atlanta, GA 30308

                                 Jeff S. Dehner
                                 Assistant Regional Counsel
                                 61 Forsyth Street
                                 U.S. EPA Region IV
                                 Atlanta, GA 30303-8960

By Interoffice Mail:

                                 Earl Salo
                                 Office of General Counsel
                                 MC-2366A

                                 Sandra Connors
                                 Office of Enforcement and
                                  Compliance Assurance
                                 MC-2272A

Dated: January 11, 2000 /s/
Annette Duncan
Secretary