EPA v. Bank of America, National Association

Case summary

The White Swan Cleaners/Sun Cleaners Area Ground Water Contamination Superfund Site is located in Wall Township, Monmouth County, New Jersey. Two companies operated at the Site starting in the 1960s, both using the same chemical, perchloroethylene (PCE), as a dry cleaning solvent and disposed of their used solvent on the ground or in their septic tanks, from which it migrated to the groundwater. Hazardous substances, including PCE, have since migrated into the groundwater from these two facilities. The property where former White Swan Laundry and Cleaners once operated is currently owned by the Defendant. In September 2013, EPA issued a Record of Decision (ROD) for the soil and groundwater remedies at the Site. The soil remediation is being addressed by an Administrative Order issued by EPA to Bank of America. Under the consent decree, Settling Defendant will fund and perform the majority of the remaining VI and groundwater work that EPA values at approximately $25 million, and will pay $10.8 million (including a premium of approximately $1.46 million) to resolve its liability for EPA�s unreimbursed past and estimated future response costs. Settling Defendant also will pay up to $1.5 million for EPA�s oversight costs and decommission the groundwater treatment system at an estimated cost of $4 million. Settling Defendant also will pay up to a total of $6.5 million to the State of New Jersey to settle its liability for past and future costs and for natural resource damages.

Defendants (1)

• Bank of America, National AssociationNamed in complaintNamed in settlement

Facilities (1)

• WHITE SWAN LAUNDRY AND CLEANER INC.

  1322 SEA GIRT AVE, WALL, NJ, 07719

  Registry ID: 110009324445

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Bank of America, National Associationentered 2023-07-31

  Primary law: CERCLA

Timeline (6 milestones)

• 2014-04-16Enforcement Action Data Entered
• 2014-07-23PRN Sent
• 2023-04-06Referred To Dept Of Justice
• 2023-05-15Final Order Lodged
• 2023-05-15Complaint Filed With Court
• 2023-07-31Final Order Entered