EPA v. Consolidated Rail Corporation

Case summary

On January 31, 2011, EPA and the Consolidated Rail Corporation (Conrail) entered into an Administrative Order on Consent which relates to Conrail’s future construction of a railroad track expansion installed over a portion of the LCP Chemicals, Inc. Superfund Site in Linden, New Jersey. Conrail will seek to obtain a permanent easement for a right-of-way on which it intends to install and maintain the track expansion. In accordance with the terms of the proposed AOC, Conrail will be required to allow EPA full access to the easement. Conrail also acknowledges that EPA may require removal of the track expansion and other improvements during implementation of the response action selected by EPA. Issuance of this AOC will ensure continued access to the easement and facilitate coordination between EPA, Conrail and ISP Environmental Services, the party conducting the RI/FS on the Site. The track expansion, if built by Conrail, may also provide an option for efficient removal (by rail) of contaminated soil from the Site if excavation is part of the remedial action.

Defendants (1)

• Consolidated Rail CorporationNamed in settlement

Facilities (1)

• LCP CHEMICALS INC.

  S WOOD AVE, LINDEN, NJ, 07036

  Registry ID: 110029582841

Statutes cited

• CERCLA 104E2 — Information and/or Access
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• Consolidated Rail Corporationentered 2011-01-31

  Primary law: CERCLA

Timeline (3 milestones)

• 2011-01-31Final Order Issued
• 2011-01-31Enforcement Action Closed
• 2011-02-07Enforcement Action Data Entered