EPA v. State Bank of India - New York Branch (Buckbee-Mears)

Case summary

On August 20, 2012, EPA signed an administrative settlement agreement pursuant to Section 122(h) of CERCLA for recovery of past response costs concerning the Site. The Agreement is with the Bank, which holds security interests on the Site property. The Site is not on the NPL. In order to resolve the competing liens of EPA, the Bank, the City of Cortland and the County of Cortland on the Properties, the settlement provides that the Bank will attempt to sell the Properties as part of the Bank’s pending foreclosure action. Pursuant to the Agreement, EPA will receive a share of the proceeds from the foreclosure sale after certain distributions are made to the City and the County based on their respective tax liens, portions of which are arguably superior to EPA’s lien, and after the Bank is paid $150,000 attributable to the costs of marketing and selling the Properties. Any proceeds from the Bank’s foreclosure sale remaining after the payments to the Bank, the City and the County, shall be distributed to EPA, the Bank and the City in proportion to their liens. In exchange, EPA will release its CERCLA Section 107(l) lien and waive any windfall lien it may have under CERCLA Section 107(r), thus eliminating the one-year right of redemption pursuant to 28 U.S.C. Section 2410(c) that would otherwise be applicable if EPA’s lien were to be foreclosed. On June 6, 2012, the City signed an Agreement with EPA in an effort to facilitate the foreclosure, sale, and redevelopment of the Site. EPA signed the Agreement on June 8, 2012. A similar agreement was signed by the County on July 12, 2012. These 2 agreements are collectively referred to as the “Municipal Settlements.” Under the Municipal Settlements, the City and the County have agreed to facilitate the sale and redevelopment of the Properties.

Defendants (1)

• State Bank of IndiaNamed in settlement

Facilities (4)

• BUCKBEE-MEARS

  30 KELLOGG ROAD, CORTLAND, NY, 13045-3154

  Registry ID: 110000325185

• BUCKBEE-MEARS

  30 KELLOGG ROAD, CORTLAND, NY, 13045-3154

  Registry ID: 110000325185

• BUCKBEE-MEARS

  30 KELLOGG ROAD, CORTLAND, NY, 13045-3154

  Registry ID: 110000325185

• BUCKBEE-MEARS

  30 KELLOGG ROAD, CORTLAND, NY, 13045-3154

  Registry ID: 110000325185

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• State Bank of India - New York Branch (Buckbee-Mears)entered 2012-10-26

  Primary law: CERCLA

Timeline (3 milestones)

• 2012-10-26Final Order Issued
• 2012-10-26Enforcement Action Closed
• 2012-11-28Enforcement Action Data Entered