News and Press Releases

United States Files Superfund Suit for Reimbursement of Cleanup Costs at the B.C.F. Oil Refining Corporation Site in Brooklyn, New York

FOR IMMEDIATE RELEASE
January 31 , 2005

ROSLYNN R. MAUSKOPF, United States Attorney for the Eastern District of New York, and KATHLEEN C. CALLAHAN, Acting Regional Administrator, United States Environmental Protection Agency (EPA) Region 2, today announced the filing of a complaint in federal court in Brooklyn against the B.C.F. OIL REFINING, INC. ("B.C.F."), CARY FIELDS, and 1.85 ACRES OF LAND, MORE OR LESS, the property on which B.C.F. formerly carried out its waste oil processing operations. In the complaint, the government seeks reimbursement of EPA's expenditure in excess of $3.5 million in Superfund monies to remove and dispose of hazardous substances, which resulted from B.C.F.'s operations at the site. The complaint was brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), commonly known as the Superfund statute, which was passed by Congress to help accomplish the cleanup of toxic waste sites across the country.

"Protecting the public and our environment from the dangers of toxic waste is an enforcement priority of this Office," stated United States Attorney ROSLYNN R. MAUSKOPF. "This case is one in a series filed in this district in the past year to ensure compliance with CERCLA and other environmental statutes, and it represents another step forward in our mission to ensure that those responsible for causing or contributing to hazardous waste sites are held accountable and are required to assume responsibility for the cleanup."

"EPA performed almost $3.5 million worth of work to reduce the threat to the community at this site," stated KATHLEEN C. CALLAHAN, Acting EPA Regional Administrator. "We removed over 800,000 gallons of wastes contaminated with polychorinated biphenyl compounds from abandoned aging tanks, preventing a potential release that threatened English Kills and the East River."

The government seeks reimbursement from B.C.F., as well as CARY FIELDS, who, according to the complaint, was a shareholder, paid consultant and chairman of the Board of B.C.F. The complaint alleges that FIELDS controlled and directed B.C.F.'s activities, including making decisions about the pollution at B.C.F.'s waste oil processing facility. The government also seeks to recover its costs through its lien against the abandoned site property, 1.85 ACRES OF LAND, MORE OR LESS, LOCATED AT 360-362 MASPETH AVENUE, BROOKLYN, NEW YORK.

The government's case is being litigated by Assistant United States Attorney Orelia E. Merchant and Assistant Regional Counsel Brian Carr of EPA.


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