EPA v. MAGNATE LLC

Case summary

On February 12, 2019, the U.S. District Court for the Western District of Virginia signed a Stipulation and Order in Aid of Access (Settlement) to facilitate entry by EPA to the Magnate LLC Site in Edinburg, Virginia to perform a removal action and continued site evaluation. The defendant (property owner Magnate LLC) signed the Settlement in the courtroom minutes before a hearing on the United States� Motion for an Order in Aid of Access was scheduled to commence. The subject property was the location of a textile plant formerly operated by Aileen, Inc. before it filed for bankruptcy in 1994. Magnate acquired parcels comprising the Site in 2007 and 2009 and performed limited asbestos abatement in 2011. In 2015, the Commonwealth of Virginia suspected that asbestos material was being improperly handled and requested EPA assistance in responding to conditions at the Site. EPA conducted an assessment and selected a removal response action in May 2018. Efforts to obtain consensual access were unsuccessful and Region 3 referred the matter to DOJ in June 2018 for Court-ordered access. Because Magnate made attempts to address the threats identified by EPA on its own, the Settlement not only authorizes entry for the cleanup (which involves off-site disposal of certain asbestos and PCB waste and sealing a basement area where low-level PCBs will remain) but also continued site evaluation to determine if additional threats exist.

Defendants (1)

• MAGNATE LLCNamed in complaintNamed in settlement

Facilities (1)

• MAGNATE LLC

  523 AILEEN RD., EDINBURG, VA, 22824

  Registry ID: 110070058313

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• MAGNATE LLCentered 2019-02-12

  Primary law: CERCLA

Timeline (7 milestones)

• 2018-06-25Referred To Dept Of Justice
• 2018-07-02Enforcement Action Data Entered
• 2018-10-11Complaint Filed With Court
• 2019-02-12Enforcement Action Closed
• 2019-02-12Concluded
• 2019-02-12Final Order Lodged
• 2019-02-12Final Order Entered