EPA v. Parkway Village Equity Corporation

Case summary

The Site is a co-operative residential complex consisting of approximately 109 individual buildings. At various times between 2002 and 2006, the maintenance staff for the Site conducted excavations to repair leaking or broken subsurface steam pipes and the ACM surrounding the piping became friable. In addition, on repeated occasions during the period from 2002 through October, 2006, the maintenance staff removed asbestos-containing pipe insulation from the steam pipes. Loose ACM was left on various surface areas at the Site. The insulation was then disposed by its reburial either directly in the ground adjacent to the steam pipes or in bags that were reburied in the vicinity of the steam pipe repair. An Agreement for Recovery of Past Response Costs was signed by EPA and the Respondent in which the Respondent agrees to seek a mortgage refinancing, that as part of a deferred criminal prosecution agreement with the Department of Justice, will finance an asbestos abatement project and fully reimburse EPA for the costs expended to cleanup asbestos removed at the Site. The deferred criminal prosecution agreement is a separate document and not part of the Order. Under the deferred criminal prosecution agreement signed by the Respondent and DOJ on August 5, 2008, the Respondent agrees to install a new heating system in order to maintain the existing subsurface ACM steam piping abandoned in place and to remove ACM in the crawl spaces and basements of individual units in accordance with the asbestos NESHAP and state and local regulations. Should the mortgage refinancing fall through, the Settling Party will not be able to pay EPA its past response costs under the Order, but it will not be able to proceed with its deferred criminal prosecution agreement. As a result, the Respondent has incentive to do what it can to obtain the mortgage refinancing approval.

Defendants (1)

• Parkway Village Equity CorporationNamed in settlement

Facilities (1)

• PARKWAY VILLAGE (SITE)

  81-26 150 STREET, JAMAICA, NY, 11435

  Registry ID: 110027851876

Statutes cited

• CAA 112B — Asbestos
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Parkway Village Equity Corporationentered 2008-08-06

  Primary law: CERCLA

Timeline (3 milestones)

• 2008-08-06Enforcement Action Closed
• 2008-08-06Final Order Issued
• 2008-09-04Enforcement Action Data Entered