EPA v. LCP Chemicals, Inc. (Access Warrant)

Case summary

EPA requires access to the LCP Chemicals, Inc. Superfund Site (Site) in Linden, Union County, New Jersey to implement the remedial action for the selected remedy at the Site. The Site is comprised of three parcels, identified on the current tax map of the City of Linden as Block 587, Lots 3.01, 3.02, and 3.03. Lots 3.01 and 3.03 have no fee simple owner of record, and despite exercising reasonable diligence, EPA has been unable to identify any person or entity who is legally authorized to grant EPA access to Lots 3.01 and 3.03. Accordingly, EPA is requesting that DOJ: (1) file an application for an ex parte administrative warrant to obtain short-term access to Lots 3.01 and 3.03, and (2) subsequently file an in rem action and motion for an access order to obtain long-term access to Lots 3.01 and 3.03. Both actions are requested under EPA's authority to access the Site property under Sections 104(e)(1) and 104(e)(3) of CERCLA and EPA's ability to secure access to the Site in any other lawful manner under Section 104(e)(6) of CERCLA. EPA requires short-term access to conduct a Site walk in April 2021 and long-term access to undertake remedial action work at the Site over the next few years. Application for Warrant filed on April 6, 2021. Warrant signed on April 8, 2021. Before the court ruled on EPA's complaint and motion, the City of Linden became the fee simple owner of Lots 3.01 and 3.03 via in rem tax foreclosure. Accordingly, the United States withdrew its complaint and motion for an access order, since EPA's claims were mooted when the City of Linden became the record owner of Lots 3.01 and 3.03.

Defendants (1)

• LCP Chemicals, Inc.Named in complaintNamed in settlement

Facilities (1)

• LCP CHEMICALS INC.

  S WOOD AVE, LINDEN, NJ, 07036

  Registry ID: 110029582841

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• LCP Chemicals, Inc. (Access Warrant)entered 2021-04-08

  Primary law: CERCLA

Timeline (6 milestones)

• 2021-04-06Referred To Dept Of Justice
• 2021-04-06Complaint Filed With Court
• 2021-04-08Final Order Lodged
• 2021-04-08Final Order Entered
• 2021-04-09Enforcement Action Data Entered
• 2021-12-22Enforcement Action Closed