EPA v. BORIT ASBESTOS SUPERFUND SITE

Case summary

On November 21, 2019, the United States District Court for the Eastern District of Pennsylvania entered a Consent Decree in connection with the BoRit Asbestos Superfund Site (?Site?), located in the Borough of Ambler, Whitpain Township, and Upper Dublin Township, Montgomery County, Pennsylvania, Civil Action No. 2:19-cv-03240-JP. Settling Defendant owns the ?Park Parcel,? one of the three properties that comprise the Site. Under the terms of the Consent Decree, Settling Defendant has agreed to perform certain operation and maintenance activities on the Park Parcel, and place an environmental covenant on the Park Parcel. The contamination at the Site is a result of disposal operations by Keasbey & Mattison Company (?K&M?), a former owner and operator of the Site. K&M manufactured asbestos-containing products (e.g., millboard, electrical insulation, brake linings, piping, conveyor belts, high pressure packings, roofing shingles and cement siding) from 1897 until 1964 when all operations ceased. In 2008, EPA initiated a removal action to cover asbestos-containing material in accordance with applicable NESHAP regulations; and on July 28, 2017, EPA issued a Record of Decision for the Site. EPA constructed a cap over much of the Site, which included covering the asbestos-containing wastes, soils and reservoir sediments with geotextile fabric, followed by the placement of at least two feet of clean material, and another six inches of topsoil and vegetation on top

Defendants (1)

• WHITPAIN TOWNSHIPNamed in complaintNamed in settlement

Facilities (2)

• BORIT ASBESTOS SUPERFUND SITE

  6 MAPLE STREET, AMBLER, PA, 19002

  Registry ID: 110030970224

• BORIT ASBESTOS

  6 MAPLE STREET, AMBLER, PA, 19002

  Registry ID: 110030970224

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BORIT ASBESTOS SUPERFUND SITEentered 2019-11-21

  Primary law: CERCLA

Timeline (6 milestones)

• 2018-06-28PRN Sent
• 2018-07-05Enforcement Action Data Entered
• 2019-07-08Referred To Dept Of Justice
• 2019-07-25Complaint Filed With Court
• 2019-07-25Final Order Lodged
• 2019-11-21Final Order Entered