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BLUMENSTEIN TRUST

Judicial · FY1994 · — · Litigated, Lost · 28831

$0
Penalty
$0
Cost recovery
—
Compliance action

Case

Case Number
05-1994-0181
Type
Judicial
Lead
EPA
Outcome
Litigated, Lost
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

IN TOWNSHIP DUMP SITE. RECENT AERIAL PHOTO SURVEY DONE FOR NANKINSITE INDICATES THAT DISPOSAL OCCURRED AT BLUMENSTEIN TRUST PROPERTY ATTHE SAME TIME AS DISPOSAL OCCURRED AT THE NANKIN SITE IN THE AREA WHEREU.S. EPA HAS CONFIRMED THE PRESENCE OF HAZARDOUS SUBSTANCES. EPA REQUESTED ACCESS FROM BLUMENSTEIN TRUST TO CONDUCT SAMPLING,HOWEVER, THE TRUST INSISTED ON SEVERAL UNACCEPTABLE CLAUSES IN THEACCESS AGREEMENT PRIOR TO SIGNATURE. BLUMENSTEIN TRUST OWNS PROPERTY IN WESTLAND, MICHIGAN THAT IS ADJACENT TO THE NANKIN TOWNSHIP LANDFILL CERCLA SITE. EPA CONDUCTED A REMOVAL ACTION AT NANKIN TOWNSHIP LANDFILL IN 1994-1995. IN CONJUNCTION WITH THAT REMOVAL ACTION, EPA SOUGHT ACCESS TO THE PROPERTY OWNED BY BLUMENSTEIN TRUST UNDER CERCLA SECTION 104 TO CONDUCT INVESTIGATIONS TO DETERMINE WHETHER DISPOSAL TOOK PLACE ON THE BLUMENSTEIN PROPERTY. THE OWNERS DENIED ACCESS. ON JULY 1, 1994, EPA REFERRRED THE MATTER TO THE DEPARTMENT OF JUSTICE TO SEEK WARRANT FOR ACCESS TO CONDUCT INVEST- GATIVE ACTIVITIES. DOJ FILED AN APPLICATION FOR A WARRANT WITH FEDERAL DISTRICT COURT ON JULY 21, 1994. THE MAGI- STATE ISSUED THE WARRANT ON JULY 21, 1994. THE BLUMENSTEIN TRUST OWNERS FILED A MOTION TO QUASH THE WARRANT, AND THE COURT ISSUED AN ORDERR QUASHING THE WARRANT ON AUGUST 10, 1994. EPA AND THE DEPARTMENT OF JUSTICE CO

Source

Authoritative
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