EPA v. S.B. Building Associates, L.P. et al.

Case summary

The Agreement provides for recovery of response costs incurred by EPA in conducting removal activities at the Michelin Powerhouse and Building 3 Vat Superfund Site, located in Milltown, New Jersey. On January 18, 2013, DOJ filed CERCLA Sections 107(a) and (l) claims against numerous parties, some of which later filed for bankruptcy, for EPA's response costs related to the Site. Pursuant to the Agreement, a Plan of Reorganization which contains the terms of the Settlement Agreement will be filed in Bankruptcy Court and a Consent Decree will be filed in the District Court settling all remaining CERCLA claims against the non-Debtor entities in that matter. In addition, a separate District Court judgment against the non-Debtors and related entities for failure to provide access to the Site will be dismissed once all of the terms of the Settlement Agreement are met. The Settlement Agreement requires the Debtors to extend EPA's CERCLA lien across six other properties adjacent to the Site, which are owned by related entities.

Defendants (14)

• United States Land Resources L.P
• United States Realty Resources, Inc.
• S.B. Building Associates, L.P.Named in complaintNamed in settlement
• S.B. Building GP, LLC
• 7.04 Acres of Land, More or Less Block 58, Lot 1.0
• S.B. MilltownNamed in complaint
• SB Milltown Industrial Realty Holdings, LLCNamed in settlement
• Alsol CorporationNamed in settlement
• Mr. Lawrence S. Berger
• Cherry Tree Property LLC
• Sass Muni IV, LLC
• Sass Muni V, LLC
• Sass Muni VI, LLC
• Borough of Milltown

Facilities (1)

• MICHELIN POWERHOUSE

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

  Registry ID: 110017750735

Statutes cited

• CERCLA 107L — Lien
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• S.B. Building Associates, L.P. et al.entered 2020-11-06

  Primary law: CERCLA

Timeline (7 milestones)

• 2012-03-27Referred To Dept Of Justice
• 2012-03-27Referred TO U.S. Attorney
• 2012-04-06Enforcement Action Data Entered
• 2013-08-09Complaint Filed With Court
• 2017-05-10Final Order Lodged
• 2020-11-06Final Order Entered
• 2022-11-14Supplemental Referral-Other