EPA v. Liberty Plant Maintenance, Inc. (SB)

Case summary

The administrative access order is related to the Liberty Asbestos Superfund Site in the State of New York. The Order is issued pursuant to Section 104(e)(5) of CERCLA and directs the Respondent, the Site owner, to provide EPA with access to a parcel of property located at 89 Mill Street, in the City of Lockport, Niagara County, New York. Such access is needed in order to implement site stabilization activities and sampling at the Site. The site includes a parcel of land approximately 1.5 acres in size and contains a 13,000 square foot former boiler house. This two-story masonry structure is in an advanced state of disrepair with missing windows and a collapsing roof. Friable asbestos, a CERCLA-designated hazardous substance, is present at the Property as a result of building demolition activities at the site. Approximately 40 residences and an elementary school are located within 600 feet of the Site. Based on the presence of presumed asbestos-containing material (ACM) inside and outside of the on-Site building, the proximity of the Property to a school and the residences, and evidence of trespassing at the Property, EPA has determined that it is necessary to perform an interim removal action to stabilize the Property. Such stabilization activities will include, but may not be limited to: installing a fence to enclose asbestos-contaminated areas; applying erosion control products to asbestos-contaminated surfaces; taking soil, water, air, building materials, and debris samples; and decontaminating asbestos-contaminated surfaces, including asphalt surfaces. EPA intends to undertake the above-referenced work as an interim removal action and contemplates that three months will be sufficient time to complete this work. EPA will continue to negotiate with Respondent for the removal of ACM at the Property. Such additional removal activities will include: excavating and disposing of soil contaminated with hazardous substances, including asbestos; the removal or other abatement of asbestos-containing materials from within the on-Site building; and demolishing and disposing of the on-Site building, if necessary to safely and efficiently perform the asbestos abatement. If Respondent is not willing to perform these actions, EPA may undertake such activities following the completion of the interim removal action. EPA has made repeated requests for access from the representative of the Property owner, both orally and in writing, and consent has not been granted. The administrative access order was signed on August 16, 2012.

Defendants (1)

• Liberty Plant Maintenance Inc. (SB)Named in settlement

Facilities (1)

• LIBERTY ASBESTOS

  89 MILL STREET, LOCKPORT, NY, 14094

  Registry ID: 110045521618

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• Liberty Plant Maintenance, Inc. (SB)entered 2012-08-16

  Primary law: CERCLA

Timeline (3 milestones)

• 2012-08-16Enforcement Action Closed
• 2012-08-16Final Order Issued
• 2012-08-21Enforcement Action Data Entered