EPA v. FACEMATE CORPORATION

Case summary

On June 28, 2011, Region I and the U.S. Department of Justice finalized a Stipulation for Settlement Agreement (Stipulation Agreement) with the City of Chicopee, Massachusetts (the City) to resolve long-standing litigation regarding liens that each party has on the Facemate Superfund Site property, located in Chicopee, Massachusetts. In the Stipulation Agreement, EPA agrees to dismiss an in rem action against the property filed in federal court in April 2008 and to release its CERCLA lien. In exchange, the City agrees to file a motion to partially vacate a Massachusetts Land Court tax lien foreclosure judgment, which purportedly extinguishes EPA’s CERCLA lien. The City also agrees to advertise and sell the Site property, and then give EPA a pro-rata share of any net proceeds.

Defendants (1)

• FACEMATE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• FACEMATE SITE

  5 WEST MAIN STREET, CHICOPEE, MA, 01020-1864

  Registry ID: 110000307971

Statutes cited

• CERCLA 107L — Lien

Enforcement conclusions (1)

• FACEMATE CORPORATIONentered 2011-06-20

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-04-22Referred To Dept Of Justice
• 2008-04-24Enforcement Action Data Entered
• 2008-04-29Complaint Filed With Court
• 2011-06-20Final Order Entered
• 2011-06-20Final Order Lodged