EPA v. FREEMAN INDUSTRIES

Case summary

*******FACILITY****** FREEMAN INDUSTRIES 100 MARBLEDALE ROAD TUCKAHOE, NY 10707 ********************* OWNERSHIP: PRIVATE ********************* MANUFACTURE VITAMINS AND FOOD ADDITIVES. DURING THE COURSE OF A SITE ASSESSMENT ON NOVEMBER 16, 1993, EPA'S ON-SCENE COORDINATOR DISCOVERED EXPLOSIVES AND OTHER HIGHLY HAZARDOUS MATERIALS HAPHAZARDLY STORED IN THOUSANDS OF CONTAINERS IN VARIOUS STRUCTURES AT A VITAMIN AND FOOD PROCESSING FACILITY IN TUCKAHOE, NEW YORK. EPA REQUESTED THAT RESPONDENTS, THE SITE OWNERS AND OPERATOR, GRANT ACCESS SO THAT EPA MIGHT PERFORM REMOVAL ACTIVITIES AT THE SITE. ACCESS WAS GRANTED BY RESPONDENTS ON NOVEMBER 18, 1993 AND REVOKED ON NOVEMBER 21, 1993. ON NOVEMBER 23, 1993 EPA ISSUED AN ADMINISTRATIVE ORDER UNDER CERCLA/104(E) DIRECTING RESPONDENTS TO COMPLY WITH EPA'S REQUEST FOR ACCESS. ON DECEMBER 1, 1993, RESPONDENTS VIOLATED THE ORDER BY BARRING EPA FROM THE SITE. PURSUANT TO AN ORAL REFERRAL MADE BY EPA ON DECEMBER 1, 1993, EPA SOUGHT A WARRANT OF ENT RY FROM A FEDERAL DISTRICT COURT JUDGE WHICH WAS GRANTED ON DECEMBER 3, 1993, AND ALSO SOUGHT JUDICIAL ENFORCEMENT OF THE ADMINISTRATIVE ORDER. THE WARRANT WAS GRANTED EX PARTE ON DECMEBER 3, 1993, AND ON DECEMBER 17, 1993, JUDGE ROBERT SWEET GRANTED EPA'S PETITION TO ENFORCE THE ADMINISTRATIVE ORDER. THE REMOVAL ACTION IS ONGIONG AT THE SITE.

Defendants (3)

• FREEMAN INDUSTRIES, INC.Named in complaintNamed in settlement
• JOEL FREEMANNamed in complaintNamed in settlement
• PAUL FREEDMANNamed in complaintNamed in settlement

Facilities (1)

• FREEMAN INDUSTRIES INC

  100 MARBLEDALE RD, TUCKAHOE, NY, 10707

  Registry ID: 110004335773

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• FREEMAN INDUSTRIES, INC. ET ALentered 1993-12-17

  Primary law: CERCLA

Timeline (8 milestones)

• 1993-11-16Enforcement Action Data Entered
• 1993-12-01Referred To Dept Of Justice
• 1993-12-01Referred TO U.S. Attorney
• 1993-12-01Complaint Filed With Court
• 1993-12-17Final Order Lodged
• 1993-12-17Final Order Entered
• 1993-12-17Concluded
• 1994-10-01Enforcement Action Closed