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01-2009-0005JudicialFinal Order EnteredFY 2009· Region 01

EPA v. CHLOR-ALKALI

Final Order No Penalty

Case summary

On March 4, 2009, the Region referred the Chlor-Alkali Superfund Site, Berlin, New Hampshire (the Site ) to the Department of Justice for filing of a Complaint in Aid of Access on behalf of EPA to obtain an order for access to the Site to perform Remedial Investigation/Feasibility Study (“RI/FS”) activities. This action is necessary because EPA has been unable, despite diligent efforts, to locate a property owner for this Site. Although the Region did obtain a 90-day warrant for access to the Site in October 2008, the RI/FS activities are expected to take more than two years to complete. Accordingly, the Region is now pursuing a more permanent access order.

Defendants (1)

  • CHLOR-ALKAINamed in complaintNamed in settlement

Facilities (1)

  • CHLOR-ALKALI FACILITY (FORMER)

    ADJACENT TO SAW MILL DAM, BERLIN, NH, 03570

    Registry ID: 110020583439

Statutes cited

  • CERCLA 104E3Entry Access

Enforcement conclusions (2)

  • CHLOR-ALKALIentered 2009-08-11

    Primary law: CERCLA

  • CHLOR-ALKALIentered 2009-04-28

    Primary law: CERCLA

Timeline (5 milestones)

  • 2009-03-04Referred To Dept Of Justice
  • 2009-03-10Enforcement Action Data Entered
  • 2009-04-28Complaint Filed With Court
  • 2009-08-11Final Order Lodged
  • 2009-08-11Final Order Entered

Case metadata

EPA activity ID
1400032645
Case number
01-2009-0005
Lead agency
EPA
EPA region
01
Voluntary self-disclosure
No
Primary statute
Entry Access

Sourced verbatim from EPA ECHO Enforcement Case Report for case 01-2009-0005 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.