EPA v. GRANT STREET FIRE SUPERFUND SITE

Case summary

On August 9, 2017, Region I referred to the Department of Justice a cost recovery claim under Section 107(a) of CERCLA against 25 Grant Street, LLC., and L.A. Barnaby and Sons, Inc., for recovery of an estimated $3.4 million in past costs associated with a removal action at the Grant Street Fire Superfund Site ('Site'), located in Bridgeport, Connecticut. The proposed defendants are liable as current owner and/or operator of the Site, and as owner and/or operator at the time hazardous substances were disposed at the Site. At the request of the State of Connecticut, the Region performed a time-critical removal action at the Site in 2015-2016. The Site included a heavily damaged former manufacturing building, destroyed by fire in 2014. EPA's removal action addressed the releases of hazardous substances from thousands of drums and containers, as well as from other materials that had been stored at the Site. On June 3, 2019, the U.S. lodged a consent decree in federal district court in which defendants have agreed to pay $1.75 million to resolve claims for cost recovery under CERCLA and for violations of the Federal Debt Collection Procedures Act and the Federal Priority Statute related to the Grant Street Fire Site. Region 1 performed a fund-lead removal action at the Site in 2015 after a large fire resulted in releases of hazardous substances at the Site. In February 2018, the U.S. filed suit against the defendant owner of the Site property, 25 Grant Street, LLC, and its four controlling individual members. In addition to cost recovery claims under CERCLA, the complaint alleged that the defendants fraudulently transferred and/or received proceeds recovered from fire insurance policies following the fire at the Site. On June 15, 2019, the case was entered.

Defendants (2)

• L A Barnaby and Sons, IncNamed in complaintNamed in settlement
• 25 Grant Street , LLSNamed in complaintNamed in settlement

Facilities (1)

• GRANT STREET FIRE SUPERFUND SITE

  25 GRANT STREET, BRIDGEPORT, CT, 06610

  Registry ID: 110070107336

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• GRANT STREET FIRE SUPERFUND SITEentered 2019-06-10

  Primary law: CERCLA

Timeline (6 milestones)

• 2017-08-09Referred To Headquarters
• 2017-08-09Referred To Dept Of Justice
• 2017-09-14Enforcement Action Data Entered
• 2018-02-26Complaint Filed With Court
• 2019-06-03Final Order Lodged
• 2019-06-10Final Order Entered