EPA v. KIN-BUC, INC ET AL

Case summary

KIN-BUC, INC - EDISON, NJ, FILED 2/7/79, CIVIL ACTION #79-514, US DIST CT OF NJ, MORE THAN 70 MIL GAL OF CHEM WSTES WERE DISPOSED OF AT THE KIN-BUC LANDFILL FROM 1/73- 12/76. COMPLAINT ALLEGES THAT IMPROPER DISPOSAL OF LIQUID & SOLID HAZARDOUS WSTES HAS RESULTED IN CONTAMINATED GRNDWTR & SURFACE WTRS. THE 220 ACRE LANDFILL IS ADJACENT TO THE RARITAN RIVER & IS TRAVERSED BY 2 OF ITS TRIBUTARIES. IT IS IN DIRECT HYDRAULIC CONTACT W/ 2 OF THE MOST IMPORTANT AQUIFERS IN THE REGION, IN AN AREA THAT THE ARMY CORPS OF ENGRS CHARACTERIZES AS 1 OF A CRITICAL WTR SHORTAGE. THE COMPLAINT ALLEGES THAT DEFENDANT DISPOSED OF LIQUID CHEM WSTES INTO POOLS, TRENCHES, & DITCHES DUG INTO THE GRND, OR DUMPED THEM ON TOP OF MOUNDS OF SOLID WSTES ALLOWING FOR INFILTRATION & PERCOLATION. FEW MEASURES WERE TAKEN TO CONTAIN THE WSTES & PREVENT PERCOLATION INTO GRNDWTR OR NEARBY SURFACE WATERS. THE GOV'T SUIT SEEKS IMMEDIATE & LONG TERM RELIEF, AS WELL AS PENALTIES UNDER THE CLEAN WATER ACT & DAMAGES UNDER THE COMMON LAW OF NUISANCE. PARTIAL SETTLEMNT OF SUIT WAS REACHED ON JAN 30, 1980. THE AGREEMNT REQUIRES THAT KIN-BUC, INC., THE CORPORATE OWNER & OPERATOR OF THE SITE, CONSTRUCT A COVER OVER A MOUND OF BURIED REFUSE TO PREVENT RAINWTR INFILTRATION OF THE MOUND & FURTHER CONTAMINATION OF UNDERLYING GRNDWTR. A SYS TO CHANNEL THE RAINWTR INTO THE RARITAN RIVER WILL BE IMPLEMENTED, WHICH WILL REQUIRE KIN-BUC TO APPLY FOR A DISCHARGE PERMIT. THE AGREEMNT ALSO REQUIRES KIN-BUC TO ANALYZE GRNDWTR UNDER THE SITE FOR AT LEAST 20 YRS, & TO MAINTAIN & INSPECT THE COVER SYS FOR AN EQUIVALENT TIME PERIOD. THIS SITE IS ON THE PROPOSED NPL. ************************************************************

Defendants (11)

• EARTHLINE COMPANYNamed in complaintNamed in settlement
• FILCREST REALTY, INC.Named in complaintNamed in settlement
• GAESS, ANTHONYNamed in complaintNamed in settlement
• INMAR ASSOCIATES, INC.Named in complaintNamed in settlement
• KIN-BUC, INC.Named in complaintNamed in settlement
• MAHAN, MARVINNamed in complaintNamed in settlement
• MEAGHER, ROBERTNamed in complaintNamed in settlement
• SCA SERVICES OF PASSAIC, INC.Named in complaintNamed in settlement
• SCA SERVICES, INC.Named in complaintNamed in settlement
• SCIENTIFIC, INC.Named in complaintNamed in settlement
• WASTEQUID, INC.Named in complaintNamed in settlement

Facilities (1)

• KIN BUC INCORPORATED LANDFILL

  383 MEADOW RD, EDISON, NJ, 08817

  Registry ID: 110001535134

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• KIN-BUC INCentered 1980-01-30

  Primary law: CWA

  Federal penalty: $1,620,000

Timeline (8 milestones)

• 1977-10-27Referred To Headquarters
• 1977-11-01Referred To Dept Of Justice
• 1977-12-27Referred TO U.S. Attorney
• 1979-02-07Complaint Filed With Court
• 1980-01-30Final Order Lodged
• 1980-01-30Final Order Entered
• 1980-01-30Concluded
• 1988-12-30Enforcement Action Closed