EPA v. CLEARVIEW LAND DEVELOPMENT CO

Case summary

THIS IS A CIVIL REFERRAL TO THE U.S. DEPARTMENT OF JUSTICE, ASKING DOJ TO FILE A CIVIL ACTION UNDER SECTION 104(e)(5) OF CERCLA, 42 U.S.C. SECTION 9604(e)(5), SEEKING COURT-ORDERED ACCESS TO APPROXIMATELY 39 ACRES OWNED BY THE CLEARVIEW LAND DEVELOPMENT COMPANY. THE COMPANY IS A PENNSYLVANIA CORPORATION THAT IS NO LONGER OPERATING, AND EPA HAS BEEN UNABLE TO IDENTIFY ANY REMAINING CORPORATE OFFICERS OR DIRECTORS OR DETERMINE THE LOCATION OF A CORPORATE OFFICE. EPA IS REQUESTING THAT AN ACTION FOR COURT-ORDERED ACCESS TO THE PROPERTY BE COMMENCED AGAINST THE COMPANY AND/OR IN REM. THE PROPERTY IS PART OF THE CLEARVIEW LANDFILL PORTION OF THE LOWER DARBY CREEK AREA SUPERFUND SITE. THE LANDFILL OPERATED FROM 1959 TO 1973, WHEN IT WAS CLOSED BY THE STATE. EPA SEEKS ACCESS TO PERFORM A REMEDIAL INVESTIGATION/FEASIBILITY STUDY AT THE CLEARVIEW LANDFILL PORTION OF THE SITE, TO CONDUCT ANY RD/RA SELECTED BY EPA, AND TO PERFORM FIVE-YEAR REVIEWS. THE PA/SI INDICATED A RELEASE OF HAZARDOUS SUBSTANCES AT THE CLEARVIEW LANDFILL, WHICH IS BORDERED TO THE WEST AND SOUTH BY DARBY CREEK. A RESIDENTIAL AREA IS LOCATED EAST OF THE 39 ACRES.

Defendants (1)

• CLEARVIEW LAND DEVELOPMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• LOWER DARBY CREEK AREA SITE, CLEARVIEW LANDFILL OPERABLE UNIT

  84TH ST & BUIST AVE, DARBY TWP, PA, 19153

  Registry ID: 110022326909

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• CLEARVIEW LAND DEVELOPMENT COentered 2005-10-25

  Primary law: CERCLA

Timeline (5 milestones)

• 2004-03-30Referred To Dept Of Justice
• 2004-04-01Enforcement Action Data Entered
• 2005-03-02Complaint Filed With Court
• 2005-10-24Final Order Lodged
• 2005-10-25Final Order Entered