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

Case summary

Region 3 has finalized a CERCLA 122(h) settlement with PAD Kulpmont LLC (PKLLC) connection with the J.H. & C.K. Eagle Mill (Kulpmont) Site in Kulpmont, Northumberland County, Pennsylvania. Under the ability-to-pay settlement, PKLLC will sell three parcels comprising the Site within three years and pay EPA 80% of the net sales proceeds in return for a Site-wide covenant not to sue. EPA's unreimbursed past costs through October 15, 2019 are $1,775,278.59. There are no other responsible parties associated with the Site. The Site was originally the J.H. & C.K. Eagle Mill and was used for various textile manufacturing businesses for approximately 100 years. The Site was purchased by PKLLC in August 2011. The Site was referred to EPA by Pennsylvania and Kulpmont Borough based on suspected asbestos issues. PKLLC refused access and EPA secured a warrant to inspect and sample in March 2018. In August 2018, Region 3 selected a Removal Action to mitigate threats from asbestos and chemical drums. PKLLC consented to entry and the Removal Action was completed in December 2019. EPA perfected a CERCLA 107(l) lien on the Site in August 2019. The Department of Justice approved the settlement on May 11, 2020 and a public comment period was held from August 3-September 2, 2020. No comments were received.

Defendants (1)

• PAD KULPONT, LLCNamed in settlement

Facilities (1)

• J.H. & C.K. EAGLE MILL SITE

  1340 CHESTNUT STREET, KULPMONT, PA, 17834

  Registry ID: 110070239068

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• PAD KULPONT, LLC (J.H. & C.K. EAGLE MILL SITE)entered 2020-09-09

  Primary law: CERCLA

Timeline (2 milestones)

• 2020-09-09Final Order Issued
• 2020-10-01Enforcement Action Data Entered