EPA v. DIBIASE SALEM REALTY TRUST

Case summary

THIS REFERRAL PROPOSES THE FILING OF A COST RECOVERY ACTION PURSUANT TO SECTION 107 OF CERCLA, 42 U.S.C S 9607, AGAINST 10 (TEN) PRPS FOR COSTS INCURRED BY EPA IN AN EMERGENCY REMOVAL ACTION AT THE SALEM ACRES SUPERFUND SITE IN THE CITIES OF SALEM AND PEABODY, MASSACHUSETTS. THIS ACTION SEEKS APPROXIMATELY $1.6 MILLION PLUS INTEREST IN REMOVAL COSTS AS WELL AS A DECLARATION OF THE DEFENDANTS' FUTURE LIABILITY FOR REMEDIAL ACTION COSTS AT THE SITE. IF THIS ACTION IS NOT FILED BY APRIL 9, 1991 THE UNITED STATES RUNS THE RISK OF BEING BARRED FROM RECOVERING THESE COSTS BY THE STATUTUE OF LIMITATIONS. COMPLAINT ALSO INCLUDES A CLAIM FOR A SECOND REMOVAL ACTION IN THE FALL OF 1990 COSTING APPROXIMATELY $7,000.

Defendants (3)

• DIBIASE SALEM REALTY TRUSTNamed in complaintNamed in settlement
• DIBIASE, UGO (AS TRUSTEE & INDIVDUAL)Named in complaintNamed in settlement
• SOUTH ESSEX SEWERAGE DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• SALEM ACRES

  57 MARLBORO RD, SALEM, MA, 01970

  Registry ID: 110009290061

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• SOUTH ESSEX SEWERAGE DISTRICTentered 1994-10-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-01-25Enforcement Action Data Entered
• 1991-01-25Referred To Dept Of Justice
• 1991-04-08Complaint Filed With Court
• 1994-10-05Final Order Lodged
• 1994-10-05Final Order Entered
• 1994-10-05Concluded
• 1995-05-02Enforcement Action Closed