EPA is seeking reimbursement of past costs at the Shenandoah Road groundwater contamination site. The proposed defendant was the President of a company which operated at the Site and caused the release of PCE and other hazardous substances. He was involved in the day to day operations at the Site, including disposal of hazardous substances. EPA also seeks the recovery of assets, pursuant to the Federal Debt Collection Act of 1990, 28 U.S.C. 3001-3702, that were fraudulently conveyed prior to his death, and the avoidance of cash distributions from the Trust to his son.
Under the terms of the Consent Decree, five parcels of property which had been owned and transferred to the Trust, will be conveyed to a management corporation established by the estate and appraised. The appraised value of these parcels will be paid to the United States within three years after the effective date of the Consent Decree, regardless of whether the parcels are sold or not.
On June 23, 2017, the District Court for the Southern District of New York approved a Stipulation modifying a 2010 Consent Decree for the Shenandoah Groundwater Contamination Superfund Site. The 2010 Consent Decree resolved CERCLA cost recovery claims and fraudulent conveyance claims through the sale of five parcels of non-Site property valued through a negotiated appraisal process. The Defendant unsuccessfully judicial challenged the appraisal, then brought collateral state and federal claims against the appraisers and