EPA v. LAVOIE PROPERTY

Case summary

On August 18, 2020, a U.S. Magistrate Judged signed an ex parte administrative warrant granting EPA access to the Lavoie Property Site in Berlin, NH. This warrant is necessary because the person authorized to provide access to the Site died in March 2020 and the Agency has been unable to obtain an access agreement from any other party with a clear right to provide access. The warrant provides EPA with access to perform a removal action under the Superfund removal program. EPA has been working closely with the State and the City of Berlin on this removal action. On June 25, 2020, Region 1 referred a request to DOJ for the issuance of an ex parte administrative warrant at the Lavoie Property Site in Berlin, New Hampshire. This warrant is necessary because EPA is unable to locate anyone who can provide voluntary access to the Site. EPA requests access to perform a removal action to address, among other things, PCBs and lead in soil. EPA has been working closely with New Hampshire and the Town of Berlin on this planned removal action.

Defendants (1)

• Lavoie Property SiteNamed in complaintNamed in settlement

Facilities (1)

• LAVOIE PROPERTY

  640 HILLSIDE AVENUE, BERLIN, NH, 03570

  Registry ID: 110070605092

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• LAVOIE PROPERTYentered 2020-08-18

  Primary law: CERCLA

Timeline (5 milestones)

• 2020-06-25Referred To Dept Of Justice
• 2020-08-11Enforcement Action Data Entered
• 2020-08-18Final Order Entered
• 2020-08-18Complaint Filed With Court
• 2020-08-18Final Order Lodged