EPA v. US vs. The Santos/Alviso Partnership, L.P., et al

Case summary

On January 17, 2002, the U.S. District Court, Northern District of California, entered a consent decree in the matter of United States v. The Santos/Alviso Partnership, L.P., et al., case no. CV-11-4139, regarding the South Bay Asbestos Superfund Site in San Jose, California. The decree required institutional controls for the Santos Landfill portion of the Superfund Site, at which asbestos contaminated waste has been buried underground. The institutional controls consist of putting in place deed restrictions and operation and maintenance requirements to ensure that a soil cover (at least two feet thick in depth) remains intact and is inspected and maintained by the present and future owners of the subject property. The defendants in the case recorded the deed restriction on September 14, 2011. The settlement did not involve the recovery of response costs of the United States. The value of the restrictions placed on the property in question are estimated to be $0.

Defendants (8)

• Santos Non Marital TrustNamed in complaintNamed in settlement
• Santos Survivors TrustNamed in complaintNamed in settlement
• Richard P. Santos Separate TrustNamed in complaintNamed in settlement
• Toni L. Robinson Separate TrustNamed in complaintNamed in settlement
• Tony A. Santos Separate TrustNamed in complaintNamed in settlement
• Santos Management, LLCNamed in complaintNamed in settlement
• Estate of Dorothy M. SantosNamed in complaintNamed in settlement
• The Santos/Alviso Partnership, L.P.Named in complaintNamed in settlement

Facilities (1)

• SOUTH BAY ASBESTOS AREA

  FT OF LIBERTY ST GUADALUPE RIV, ALVISO, CA, 95002

  Registry ID: 110009329173

Statutes cited

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

Enforcement conclusions (1)

• US vs. The Santos/Alviso Partnership, L.P., et alentered 2012-01-17

  Primary law: CERCLA

Timeline (5 milestones)

• 2011-08-12Referred To Dept Of Justice
• 2011-08-23Complaint Filed With Court
• 2011-08-23Final Order Lodged
• 2011-09-19Enforcement Action Data Entered
• 2012-01-17Final Order Entered