EPA v. Gaylord H. Evey - Evey Engineering

Case summary

EPA Region 2 requests DOJ appear in the bankruptcy proceeding to either (1) oppose the Chapter 7 Trustee's Motion to Abandon Real Estate Known as 720 S. West Boulevard, 714 S. West Boulevard, 721 Third Street Terrace, and 729 Third Street Terrace (Motion to Abandon); (2) request a continuance and attempt to resolve EPA's concerns regarding abandonment before opposing the Motion to Abandon; or (3) ask the Court to condition abandonment by providing site security with funds currently held by the trustee until EPA can complete removal activities, and providing EPA with a right of access to complete removal activities in the order granting abandonment. On October 17, 2017, the Court approved a settlement in the Chapter 7 bankruptcy proceeding, providing for the bankruptcy trustee to use funds from the bankruptcy estate to perform a removal action at the Evey Engineering Superfund Site in Vineland, Cumberland County, NJ. In exchange, the U.S. agreed to withdraw its opposition to the trustee's motion to abandon the property. The removal action addressed at least 127 drums and smaller containers of various sizes containing elemental mercury and other hazardous and corrosive materials.

Defendants (1)

• Gaylord H. EveyNamed in complaintNamed in settlement

Facilities (1)

• EVEY ENGINEERING

  730 S WEST BLVD, VINELAND, NJ, 08360-5510

  Registry ID: 110004252772

Statutes cited

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

Enforcement conclusions (2)

• Gaylord H. Evey - Evey Engineeringentered 2019-08-07

  Primary law: CERCLA

• Gaylord H. Evey - Evey Engineeringentered 2017-10-17

  Primary law: CERCLA

Timeline (5 milestones)

• 2017-06-09Referred To Dept Of Justice
• 2017-08-14Enforcement Action Data Entered
• 2017-09-19Complaint Filed With Court
• 2019-07-24Final Order Lodged
• 2019-08-07Final Order Entered