EPA v. SOUTH BAY ASBESTOS/ALVISO - PPA

Case summary

LEGACY PARTNERS, FORMERLY KNOWN AS LINCOLN PROPERTY, DOES BUSINESS THROUGH THE ENTITY WCSJ LLC WHICH IS BUYING THE MARSHLAND LANDFILL AS THE FINAL PARCEL IN A SERIES OF COMMERCIAL DEVELOPMENTS IN THE AREA. THE VACANT 67 ACRE SITE, UNDER CLOSURE ORDER BY THE STATE WATER BOARD, WILL BE THE CONSTRUCTION SITE FOR A SUITE OF NEW OFFICE BUILDINGS. IN ORDER TO RESOLVE POTENTIAL LIABILITY, LEGACY HAS ENTERED A PROSPECTIVE PURCHASER AGREEMENT (PPA). IN CONSID- ERATION, LINCOLN WILL PAY $250,000 IN CASH AND MAINTAIN THE EXISTING CAPS ON THE LANDFILL. EXCAVATION MUST COMPLY WITH A SOIL MANAGEMENT PLAN APPROVED BY EPA. THE AGREEMENT ALSO REQUIRES A 25-ACRE PORTION TO REMAIN OPEN SPACE WILDLIFE HABITAT. ALL FOUR LEGACY PARCELS ARE LOCATED IN ALVISO A LOW-INCOME LATINO COMMUNITY WHERE THE DEVELOPER ESTIMATES THE COMBINATION OF RESEARCH AND DEVELOPMENT OFFICES, RETAIL, LIGHT INDUSTRIAL, AND RESTAURANT USES, WILL ATTRACT APPROXIMATELY 1,000 NEW JOBS.

Defendants (1)

• LAGACY PARTNERSNamed in complaintNamed in settlement

Facilities (1)

• MARSHLAND LANDFILL DEVELOPMENT SITE

  GOLD STREET NEAR SAN TOMAS AQUINO CREEK, ALVISO, CA, 95002

  Registry ID: 110010627367

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• PPA WITH LEGACY PARTNERS FOR SOUTH BAY SITEentered 2000-05-05

  Primary law: CERCLA

Timeline (4 milestones)

• 2000-05-05Complaint Filed/Proposed Order
• 2000-05-05Final Order Issued
• 2000-05-05Enforcement Action Closed
• 2000-11-14Enforcement Action Data Entered