EPA v. Benson Metal Corp. et al.

Case summary

The Agreement calls for the performance of a removal action to replace a collapsed, deteriorated bulkhead at 543 Smith Street, Brooklyn. The bulkhead at the Property is in poor condition. In September 2012, Respondents submitted to EPA a draft bulkhead repair design for the Property which would extend the bulkhead to the depths necessary for EPA’s estimated canal dredging depth, thereby reducing future remedy implementation time and costs. This design was approved by EPA in December 2012. A bulkhead collapse occurred at the Property sometime between Sunday night, August 4, 2013 and Monday morning, August 5, 2013, involving the partial collapse of 120 feet of bulkhead into the canal. Respondents’ bulkhead repair work will require re-suspension controls to limit disturbance of contaminated canal sediments. Respondent will also EPA for its costs of overseeing the Work.

Defendants (2)

• Benson Metal Corp.Named in settlement
• 539 Smith Street Realty Corp.Named in settlement

Facilities (1)

• GOWANUS CANAL

  BUTLER ST (BETWEEN BOND ST AND NEVINS ST, BROOKLYN, NY, 11231

  Registry ID: 110033604197

Statutes cited

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

Enforcement conclusions (1)

• Benson Metal Corp. et al.entered 2013-08-16

  Primary law: CERCLA

Timeline (3 milestones)

• 2013-08-16Enforcement Action Closed
• 2013-08-16Final Order Issued
• 2013-10-23Enforcement Action Data Entered