EPA v. City of Buffalo

Case summary

In order to resolve the competing liens of EPA and the City on a parcel of land located at 25 Rano Street, Buffalo, New York (the Property), the settlement provides that, in exchange for payment by the City of 90% of the sale proceeds, EPA will discharge its CERCLA 107(l) lien on the Site and waive any windfall lien it may have on the Property under CERCLA Section 107(r), thus eliminating EPA?s one-year right of redemption pursuant to 28 U.S.C. 2410(c) that would otherwise be applicable if EPA?s lien were to be foreclosed. On March 20, 2015, the City sold the Property for $20,000 at public auction to satisfy the City?s ad valorem tax lien, which was approximately $514,000. EPA will receive approximately $18,000 from the sale of the Property.

Defendants (1)

• City of BuffaloNamed in settlement

Facilities (1)

• MARLETTE PLATING

  25 RANO STREET, BUFFALO, NY, 14207-2198

  Registry ID: 110000326914

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• City of Buffaloentered 2015-09-10

  Primary law: CERCLA

Timeline (3 milestones)

• 2015-09-10Final Order Issued
• 2015-09-10Enforcement Action Closed
• 2015-09-14Enforcement Action Data Entered