EPA sought court-ordered access to the Michelin Powerhouse Site in conformity with Section 104(e)(3),(4) and (5)(B) of CERCLA. EPA took over the remainder of the removal work at the Site, and subsequently, the PRP conditioned access by only allowing EPA and its contractor to tour the Site. The PRP then required a formal access agreement for further work EPA intended to do. EPA deemed the conditioning of access to be a denial of access and filed a complaint on June 22, 2009 seeking entry and access through a Motion to Show Cause Why An Order in Aid of Immediate Access Should Not Issue, as well as civil penalties. The original complaint was filed against Alsol Corporation only.
Court granted EPA access on July 24, 2009, and EPA completed the remaining removal activities at the Site.
Thereafter, on June 25, 2010, EPA filed a motion to amend its complaint to add the additional defendants and the Court granted the motion on July 20, 2010. EPA filed its amended complaint on July 21, 2011. On May 11, 2011, EPA lodged a proposed Consent Decree to resolve the amended complaint (namely the civil penalty provisions). The Consent Decree was entered by the Court on July 26, 2011. The Consent Decree provided for a civil penalty to be paid over 36 months in six installments. Additionally, the Consent Decree provided for the recordation of a judgment lien in favor of the United States and against real property owned by SB Milltown Industrial Holdings, L.L.C. in the event th