EPA v. Tri Harbor Holdings Corporation (f/k/a Aceto Corporation) et al. -

Case summary

On June 7, 2021, the bankruptcy court approved a Consent Order addressing the liabilities of the Liquidating Debtors (specifically Arsynco Corp.) under CERCLA in connection with the Berry�s Creek Study Area (BCSA) operable unit of the Ventron/Velsicol Superfund Site, located in Bergen County, New Jersey and a 12.3-acre parcel of property located at 511 13th Street in Carlstadt, New Jersey (the �Former Arsynco Facility�). The Consent Order resolves the Proof of Claim filed in August 2019 in the Chapter 11 bankruptcy relating to EPA's CERCLA cost recovery claim and DOI's and NOAA's NRD claims concerning the debtor's liability at the BCSA. EPA, NOAA, DOI, NJ, the PRP Group, and the Liquidating Debtors are parties to the Consent Order. Pursuant to the Order, the EPA will receive an allowed claim of $9,566,000 for response costs related to remedial action at the site. This figure represents Arsynco�s allocated share of responsibility, among other responsible parties, for EPA�s unreimbursed response costs at the site. NOAA and DOI, along with the State of New Jersey, will receive an allowed claim for $8,215,000. This figure represents Arsynco�s allocated share of responsibility, among other responsible parties, for the estimated natural resource damages at the Sites.

Defendants (9)

• Tri Harbor Chemical Holdings LLCNamed in settlement
• Tri Harbor Realty LLCNamed in settlement
• Kavod Pharmaceuticals LLCNamed in settlement
• Kavod Health LLCNamed in settlement
• Kavris Health LLCNamed in settlement
• KAVACK Pharmaceuticals LLCNamed in settlement
• Acci Realty Corp.Named in settlement
• Tri Harbor Holdings CorporationNamed in complaintNamed in settlement
• Arsynco, Inc.Named in complaintNamed in settlement

Facilities (2)

• ARSYNCO INC

  13TH STREET, CARLSTADT, NJ, 07072

  Registry ID: 110011546087

• VENTRON/VELSICOL

  5 ETHEL BLVD, WOOD-RIDGE, NJ, 07075

  Registry ID: 110038888335

Statutes cited

• TSCA 6-PCBS — PCBS
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Tri Harbor Holdings Corporation et al.entered 2021-06-07

  Primary law: CERCLA

Timeline (5 milestones)

• 2019-07-19Referred To Dept Of Justice
• 2019-07-23Enforcement Action Data Entered
• 2019-08-19Complaint Filed With Court
• 2021-02-22Final Order Lodged
• 2021-06-07Final Order Entered