EPA v. Pro Capital LLC et al.

Case summary

On September 16, 2021, EPA executed a Memorandum of Agreement (MOA) with two Respondents. The MOA sets out the intentions of EPA and the other parties to undertake certain actions, including the release and discharge of an EPA lien filed pursuant to Section 107(l) of CERCLA, 42 U.S.C. ? 9607(l), on real property at the Former Zurbrugg Memorial Hospital Site, located at 126 Franklin Street in the Township for costs incurred in performing a removal action, and the release of the Township?s tax lien. The Respondents are not potentially responsible parties with respect to the Site. Pursuant to the terms of the MOA, Respondent, which also holds a lien on the Site property, will commence and prosecute a tax sale certificate foreclosure against the property. Following the sale of property to a redeveloper or other end user, certain costs and charges incurred in the sale of the property will be paid from the proceeds, the Respondent will receive a specified amount, and the balance will be distributed between EPA and the Township, with 2/3 being paid to EPA and 1/3 to the Township. The respective shares are proportional to the value of the EPA and Township liens.

Defendants (2)

• Township of RiversideNamed in settlement
• Pro Capital LLCNamed in settlement

Facilities (1)

• FORMER ZURBRUGG MEMORIAL HOSPITAL

  126 FRANKLIN STREET, RIVERSIDE, NJ, 08075

  Registry ID: 110044766492

Statutes cited

• CERCLA 107L — Lien

Enforcement conclusions (1)

• Pro Capital LLC et al.entered 2021-09-16

  Primary law: CERCLA

Timeline (3 milestones)

• 2021-09-16Enforcement Action Closed
• 2021-09-16Final Order Issued
• 2021-09-20Enforcement Action Data Entered