EPA v. Metro Fuel Oil Corp. (SB) et al.

Case summary

Requesting DOJ file a Proof of Claim in the bankruptcy of the ten affiliated Debtors corporations and limited liability companies. Debtors operated a petroleum terminal on the shoreline of Newtown Creek in the Borough of Brooklyn in the City of New York and State of New York since 1986. Newtown Creek is a 3.8-mile long waterway located at the northern boundary of the Borough of Brooklyn and the southern boundary of the Borough of Queens in New York City. Newtown Creek became contaminated from releases by heavy industry which operated on its shoreline and in its drainage basin for more than one hundred and fifty years. Newtown Creek was added to the national priorities list of hazardous substance sites pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act in 2010. EPA has commenced an enforcement-lead remedial investigation and feasibility study at the site pursuant to an administrative order on consent issued by EPA to six potentially responsible parties. Following the completion of the RI/FS, EPA anticipates that it will select a remedial action for the site. EPA believes that Debtors are jointly and severally responsible for response costs at the Site based on contamination released to Newtown Creek from Debtor's shoreline Terminal. Furthermore, EPA requests DOJ seek injunctive relief with respect to investigation and potential remediation of the Terminal facility.

Defendants (10)

• Apollo Petroleum Transport, Inc. (SB)Named in complaint
• Apollo Pipeline, LLC (SB)Named in complaint
• Kings Land Realty, Inc. (SB)Named in complaint
• Apollo Petroleum Transport, LLC (SB)Named in complaint
• Metro Plumbing Services Corp. (SB)Named in complaint
• Metro Energy Group LLC (SB)Named in complaint
• Metro Terminals of Long Island, LLC (SB)Named in complaint
• Metro Biofuels, LLC (SB)Named in complaint
• Metro Fuel Oil Corp. (SB)Named in complaint
• Metro Terminals Corp. (SB)Named in complaint

Facilities (1)

• NEWTOWN CREEK

  SOUTH END OF IVY HILL ROAD, BROOKLYN, QUEENS, NY, 11222

  Registry ID: 110037285979

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Timeline (4 milestones)

• 2013-03-20Enforcement Action Data Entered
• 2013-03-20Referred To Dept Of Justice
• 2013-03-25Complaint Filed With Court
• 2014-12-23Enforcement Action Closed