EPA v. 1127-1129 Irving Avenue LLC, et al. - Wolff-Alport

Case summary

Seeking access to properties at the Wolff-Alport Superfund Site for the performance of remedial activities. Tenants need to relocate so that buildings can be demolished. Parties did not comply with administrative access orders. On June 15, 2023, a second order was issued directing commercial tenants and landowners to vacate premises and provide access needed to perform the remedial action at the Wolff-Alport Site in Queens, NY. The order provides further time, until August 31, 2023, for the Defendants to provide the access needed for the remedy, but adds the additional relief requested by the U.S. that if any Defendants do not comply with the Court's order, that they be forcibly removed from the properties by the U.S. Marshalls Service.

Defendants (14)

• Appliances 4 LessNamed in settlement
• Primo Flat Fix, Inc. d/b/a Los Primos Auto RepairNamed in complaintNamed in settlement
• Hermenegildo (Silvio) HernandezNamed in complaintNamed in settlement
• 1127-1129 Irving Avenue LLCNamed in complaintNamed in settlement
• Terra Nova Restoration CorporationNamed in complaintNamed in settlement
• Second A-One, Inc.Named in complaintNamed in settlement
• Isack (David) WeiszNamed in complaintNamed in settlement
• La Jarabacoa Deli and Grocery Corp.Named in complaintNamed in settlement
• Primo Flat Fix Inc.Named in complaintNamed in settlement
• Irving Unique Development LLCNamed in settlement
• Rudy L. ReyesNamed in complaintNamed in settlement
• Andyber Auto Repair Inc.Named in complaintNamed in settlement
• K & M Auto Inc.Named in complaintNamed in settlement
• Andy BermeoNamed in complaintNamed in settlement

Facilities (1)

• WOLFF-ALPORT CHEMICAL COMPANY

  1125-1139 IRVING AVENUE, RIDGEWOOD, NY, 11385

  Registry ID: 110043697014

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (2)

• 1127-1129 Irving Avenue LLC, et al. - Wolff-Alportentered 2023-02-23

  Primary law: CERCLA

• 1127-1129 Irving Avenue LLC, et al. - Wolff-Alportentered 2023-06-15

  Primary law: CERCLA

Timeline (5 milestones)

• 2022-05-11Referred To Dept Of Justice
• 2022-05-13Enforcement Action Data Entered
• 2023-01-23Complaint Filed With Court
• 2023-06-14Final Order Lodged
• 2023-06-15Final Order Entered