EPA v. PAD KULPMONT, LLC (J.H. & C.K. EAGLE MILL SITE)

Case summary

ON MARCH 14, 2018, THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ISSUED A WARRANT AUTHORIZING ENTRY, INSPECTION, AND SAMPLING AT THE J.H. & C.K. EAGLE MILL SITE LOCATED ON CHESTNUT STREET IN KULPMONT BOROUGH, NORTHUMBERLAND COUNTY, PENNSYLVANIA. ACCESS IS NEEDED TO PERFORM A REMOVAL SITE EVALUATION UNDER CERCLA SECTION 104(a) AND NCP SECTION 300.410. A TEXTILE MILL OPERATED AT THE SITE FOR NEARLY A CENTURY. TEXTILE OPERATIONS CEASED IN OR AROUND 2001, AND IN 2012 THE SITE WAS ACQUIRED BY PAD KULPMONT, LLC. BUILDINGS AT THE SITE HAVE DETERIORATED SIGNIFICALLY AND HAVE BEEN VISITED BY TREPASSERS AND VANDALS. THE SITE HAS BEEN THE SUBJECT OF CONCERN BY KULPMONT BOROUGH AND PADEP. PADEP INSPECTIONS REVEALED THE PRESENCE OF ASBESTOS AND DRUMS CONTAINING UNKNOWN SUBSTANCES WITHIN ONE OR MORE BUILDINGS. THE OWNER HAD NOT PROVIDED CONSENT FOR ENTRY TO PERFORM THE INSPECTION AND SAMPLYING.

Defendants (1)

• PAD KULPMONT, LLCNamed in complaintNamed in settlement

Facilities (1)

• J.H. & C.K. EAGLE MILL SITE

  1340 CHESTNUT STREET, KULPMONT, PA, 17834

  Registry ID: 110070239068

Statutes cited

• CERCLA 104E4 — Inspection and Samples
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• PAD KULPMONT, LLC (J.H. & C.K. EAGLE MILL SITE)entered 2018-05-24

  Primary law: CERCLA

Timeline (7 milestones)

• 2018-02-12Referred To Dept Of Justice
• 2018-02-15Enforcement Action Data Entered
• 2018-03-14Complaint Filed With Court
• 2018-03-14Final Order Lodged
• 2018-05-24Concluded
• 2018-05-24Final Order Entered
• 2018-05-24Enforcement Action Closed