EPA v. IN RE NICOLET, INC. ET AL

Case summary

=> THIS IS A PROPOSED RECOUPMENT ACTION TO RECOVER COST EXPENDED BY EPA AT THE NICOLET SITE. TO DATE THESE COSTS ARE APPROX. $796,700.00 => NICOLET IS THE OWNER OF THE PROPERTY KNOWN AS THE NICOLET SITE, LOCATED IN AMBLER, PA. THIS SITE IS ADJACENT TO NICOLET'S MANUFACTURING FACILITY WHERE ARTICLES CONTAIN- ING ASBESTOS ARE PRODUCED. THE SITE HAS 2 LARGE WASTE PILES LOCATED ON THE PROPERTY. BOTH PILES ARE LOCATED NEAR RESIDENTIAL AREAS IN AMBLER AND ONE OF THE PILES WAS NEXT TO A PLAYGROUND WHICH HAS SINCE CLOSED. => IN SEPT 1983 EPA CONDUCTED TESTS AT THE SITE. AIR, WATER, SOIL, WIPE AND PILE SAMPLES WERE TAKEN. ANALYSIS OF THESE SAMPLES CONFIRMED THAT ASBESTOS WAS PRESENT IN THE NICOLET PILES, IN THE ADJACENT PLAYGROUND, ON THE PICNIC TABLE, THE SLIDING BOARD, THE MERRY-GO-ROUND & IN PART OF THE LOCUST ST PILE WHICH HAD VISIBLY MIGRATED THROUGH THE PLAYGROUND FENCE AS WELL AS IN WATER SAMPLES TAKEN DOWN- STREAM AND IN ONE AIR SAMPLE.

Defendants (2)

• NICOLET INC.Named in complaintNamed in settlement
• T & NNamed in complaintNamed in settlement

Facilities (1)

• AMBLER ASBESTOS PILES

  LOCUST STREET, AMBLER, PA, 19002

  Registry ID: 110020501349

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• NICOLET, INC., ET AL (NICOLET)entered 1989-08-16

  Primary law: CERCLA

• NICOLET, INC., ET AL (T&N)entered 1991-05-28

  Primary law: CERCLA

Timeline (8 milestones)

• 1984-11-20Enforcement Action Data Entered
• 1984-12-31Referred To Headquarters
• 1985-02-11Referred To Dept Of Justice
• 1988-02-12Complaint Filed With Court
• 1991-05-28Final Order Lodged
• 1991-05-28Concluded
• 1991-05-28Final Order Entered
• 1999-11-30Enforcement Action Closed