EPA v. FIRST MARINE SHIPYARD, INC.
Litigated With Penalty & Specified Cost Recovery
Penalty assessed
$6,000,000
Cost recovery
$3,000,000
Case summary
THE PROPOSED ACTION IS FOR PENALTIES PURSUANT TO CERCLA SECTION 106(B) DAMAGES PURSUANT TO CERCLA SECTION 107(C)(3), COST RECOVERY PURSUANT CERCLA SECTION 107(A), & THE INITIA- TION OF AN IN REM ACTION AGAINST THE VESSEL UNDER SECTION 107(M). THE CIVIL PENALTIES AND TREBLE DAMAGES IS FOR CERTAIN OF THE PROPOSED DEFENDANTS' FAILURE TO TO COMPLY WITH AN ADMINISTRATIVE ORDER. THE UAO DIRECTS THREE OF THE PORPOSED DEFENDANTS TO CONDUCT CERTAIN RESPONSE ACTIONS RELATED TO THE REMOVAL AND DISPOSAL OF CONTAMINATED MATERIALS FROM THE TANKER-BARGE NATHAN BERMAN . *(7) PROPOSED DEFENDANTS * *REFERRED TO JUSTICE ON SEPTEMBER 30, 1993 * FACILITY NAME: FIRST MARINE SHIPYARD ADDRESS: 2946 RICHMOND TERRACE CITY & STATE: STATEN ISLAND, NY 10303 NATHAN BERMAN (TANKER-BARGE) COMPLAINT FILED SEPTEMBER 30, 1996 IN THE EDNY. FIVE (5) DEFENDANTS NAMED. ** SEE BANKRUPTCY CASE NUMBER 02-1997-0126. *
Defendants (7)
- FIRST MARINE SHIPYARD, INC.Named in complaintNamed in settlement
- JANE FRANK KRESHNamed in complaint
- MARINE FACILITIES, INC.Named in complaint
- PETER FRANKNamed in complaint
- MARINE MOVEMENTS, INC.Named in complaintNamed in settlement
- STANDARD MARINE SERVICES, INC.
- SUSAN FRANK
Facilities (1)
FIRST ASSOCIATED MARINE ENTERPRISES INC
2945 RICHMOND TERR, STATEN ISLAND, NY, 10303
Registry ID: 110004393745
Statutes cited
- CERCLA 107C3 — Treble Damages
- CERCLA 107A — Cost Recovery
- CERCLA 107M — Maritime Lien
- CERCLA 106B — Superfund
Enforcement conclusions (2)
FIRST MARINE SHIPYARDentered 1998-07-28
Primary law: CERCLA
Federal penalty: $9,420,214
MARINE MOVEMENTS, INC.entered 1998-08-04
Primary law: CERCLA
Federal penalty: $1,855,054
Timeline (7 milestones)
- 1990-11-30Enforcement Action Data Entered
- 1993-09-30Referred To Dept Of Justice
- 1996-09-30Complaint Filed With Court
- 1998-08-04Final Order Lodged
- 1998-08-04Final Order Entered
- 1999-08-04Concluded
- 1999-12-31Enforcement Action Closed
Case metadata
- EPA activity ID
- 4835
- Case number
- 02-1993-0207
- DOJ docket
- 90-11-2-950
- Lead agency
- EPA
- HQ division
- CER
- Branch
- NYSUP
- EPA region
- 02
- Multimedia
- No
- Voluntary self-disclosure
- No
- Primary statute
- Treble Damages
Sourced verbatim from EPA ECHO Enforcement Case Report for case 02-1993-0207 . 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.