EPA v. Alsol Corporation

Case summary

EPA sought court-ordered access to the Michelin Powerhouse Site in conformity with Section 104(e)(3),(4) and (5)(B) of CERCLA. EPA took over the remainder of the removal work at the Site, and subsequently, the PRP conditioned access by only allowing EPA and its contractor to tour the Site. The PRP then required a formal access agreement for further work EPA intended to do. EPA deemed the conditioning of access to be a denial of access and filed a complaint on June 22, 2009 seeking entry and access through a Motion to Show Cause Why An Order in Aid of Immediate Access Should Not Issue, as well as civil penalties. The original complaint was filed against Alsol Corporation only. Court granted EPA access on July 24, 2009, and EPA completed the remaining removal activities at the Site. Thereafter, on June 25, 2010, EPA filed a motion to amend its complaint to add the additional defendants and the Court granted the motion on July 20, 2010. EPA filed its amended complaint on July 21, 2011. On May 11, 2011, EPA lodged a proposed Consent Decree to resolve the amended complaint (namely the civil penalty provisions). The Consent Decree was entered by the Court on July 26, 2011. The Consent Decree provided for a civil penalty to be paid over 36 months in six installments. Additionally, the Consent Decree provided for the recordation of a judgment lien in favor of the United States and against real property owned by SB Milltown Industrial Holdings, L.L.C. in the event the defendants did not satisfy the penalty. EPA has filed the judgement lien with the Middlesex County Clerk and is awaiting a copy for its records. On May 9, 2014, an order was issued granting the United States' motion to enforce the 2011 Consent Decree in United States v. Alsol Corp., et. al. against non-debtor Defendants. The Consent Decree resolved civil penalties for the Defendants' failure to grant access to the Michelin Powerhouse Superfund Site so that EPA could effectuate a takeover of the removal work. The non-debtor Defendants were jointly and severally liable for the $200,000 they originally agreed to pay, an additional $95,000, interest and stipulated penalties bring the total amount to $896,751.79

Defendants (6)

• Alsol CorporationNamed in complaintNamed in settlement
• Lawrence S. BergerNamed in complaintNamed in settlement
• United States Realty Resources, Inc.Named in complaintNamed in settlement
• United States Land Resources, LPNamed in complaintNamed in settlement
• SB Building GP, LLCNamed in complaintNamed in settlement
• SB Building Associates, Limited PartnershipNamed in complaintNamed in settlement

Facilities (1)

• MICHELIN POWERHOUSE

  FORD AVENUE (BLDG. 10) BLOCK 58, LOT 1.03, MILLTOWN, NJ, 08850

  Registry ID: 110017750735

Statutes cited

• CERCLA 104E4 — Inspection and Samples
• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E3 — Entry Access

Enforcement conclusions (3)

• Alsol Corporationentered 2009-07-24

  Primary law: CERCLA

• Alsol Corporationentered 2014-05-09

  Primary law: CERCLA

  Federal penalty: $896,752

• Alsol Corporationentered 2011-07-26

  Primary law: CERCLA

  Federal penalty: $200,000

Timeline (6 milestones)

• 2009-02-10Referred To Dept Of Justice
• 2009-02-12Enforcement Action Data Entered
• 2009-06-22Complaint Filed With Court
• 2010-07-21Amended Complaint
• 2014-04-07Final Order Lodged
• 2014-05-09Final Order Entered