EPA v. Ultimate, LLC et al.

Case summary

The Order, issued pursuant to Section 104(e)(5) of CERCLA directs the Respondents, to provide EPA with access to the Site property, a 0.86 acre parcel that includes an abandoned warehouse. In 1999, the Respondent purchased the Site. In October 2006, a site assessment for a nearby property transaction identified high concentrations of tetrachloroethene, and its degradation products in groundwater at levels up to 100,000 parts per billion. After determining that the Site is the contamination source, the New York State Department of Environmental Conservation requested that EPA conduct a removal action to address soil and groundwater source areas and suspected chemical drums in the warehouse. Region 2 issued the Order after Respondents repeatedly refused to provide EPA with access. EPA believes that entry is needed to perform a removal site evaluation, including but not limited to, sampling of soil, drums, groundwater and other media, and, if warranted based on the results of the removal site evaluation, a removal action which may potentially include such measures as excavation and off-Site disposal of contaminated soils, backfilling of excavated areas, off-Site disposal of chemical containers, and soil and/or groundwater treatment.

Defendants (2)

• Ultimate, LLCNamed in settlement
• Shaun ColeNamed in settlement

Facilities (1)

• NYSDEC - KENCO CHEMICAL CORP 447039

  107 FREEMANS BRIDGE RD, GLENVILLE, NY, 12302

  Registry ID: 110038906164

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• Ultimate, LLC et al.entered 2009-11-03

  Primary law: CERCLA

Timeline (3 milestones)

• 2009-11-03Final Order Issued
• 2009-11-03Enforcement Action Closed
• 2009-11-06Enforcement Action Data Entered