EPA v. SYNCON RESINS, INC. - BANKRUPTCY

Case summary

SYNCON RESINS, INC., OPERATED A RESIN MANUFACTURING FACILITY IN SOUTH KEARNY, NEW JERSEY, UNTIL ITS BANKRUPT- CY FORCED A VIRTUAL CESSATION OF OPERATIONS IN 1981. THE FACILITY WAS OPERATED BY SYNCON, & IS OWNED PARTIALLY BY THAT CO & PARTIALLY BY BENJAMIN FARBER. FARBER OPERATED A RESIN MANUFACTURING PLANT THERE FROM 1961 TO 1972, WHEN HE SOLD THE BUSINESS & MUCH OF THE PROPERTY TO SYNCON. MORE THAN 10,000 CONTAINERS OF HAZ WASTE (OFF-SPECI- FICATION RESINS & SOLVENTS) REMAIN ON SITE. MANY OF THESE ARE RUSTED & LEAKING. THERE ARE ALSO TWO UNLINED LAGOONS AT THE SITE, & THE SOIL & GROUNDWATER ARE HEAVILY CONTAM- INATED, PRESUMABLY FROM PRESENT & PAST OPERATIONS AT THE FACILITY. THE SITE IS LOCATED IN AN INDUSTRIAL AREA ALONG THE PASSAIC RIVER. EPA'S INITIAL CONTACT W/THE TWO PROPOSED DEF'S IN THIS ACTION BEGAN IN 1981, AT WHICH TIME CORRESPONDENCE TOOK PLACE BETWEEN SYNCON & OUR OFFICES REGARDING THE CO'S STATUS AS A HAZ WASTE MANAGEMENT FACILITY UNDER SUB- TITLE C OF RCRA. SEVERAL INSPECTIONS RESULTED IN THE IS- SUANCE TO SYNCON, IN 11/81, OF AN ADMINISTRATIVE COMPLA- INT PURSUANT TO SEC 3008 OF RCRA, CITING A VARIETY OF VIOL'S OF THE RCRA REGULATIONS. AT ABOUT THE SAME TIME THE BANKRUPTCY COURT W/JURISDICTION OVER THE CO HAD AUTH- ORIZED A SALE OF ASSETS. WE ASKED THE COURT TO REQUIRE THE CO'S RECIEVER TO ALERT POTENTIAL PURCHASERS TO THE OUTSTANDING RCRA VIOL'S. THE COURT DID SO, & THE RESULT- ING PURCHASE BIDS WERE SO LOW THAT THE JUDGE CANCELLED THE SALE. SINCE THAT TIME, WE HAVE WORKED W/THE PARTIES & THE BANKRUPTCY COURT TO DEVELOP A PLAN FOR CORRECTION OF THE RCRA VIOL'S. THE COURT HAS ISSUED AN ORDER TO SYNCON'S RECIEVER REQUIRING HIM TO CARRY OUT LIMITED CLEANUP ACTIVITIES, ALTHOUGH EVEN THIS WORK HAS SOMETIMES BEEN BEYOND THE CO'S ABILITY TO PERFORM. THE COURT HAS DIRECTED THAT ANY ASSETS WHICH DO COME INTO THE CO SHOULD , TO THE MAXIMUM EXTENT POSSIBLE, BE USED FOR CLEANUP. ON 7/23/82, SYNCON WAS PLACED ON THE CERCLA INTERIM PRIORITY LIST BASED UPON THE HIGH LEVELS OF CONTAMINATION FOUND AT THE SITE. AT THS TIME, WE ARE ENGAGED IN STTLMNT DISCUSSIONS W/MR. FARBER, WHO HAS INDICATED A WILLINGNESS TO ENTER INTO A CD REQUIRING THE CLEANUP OF HIS PORTION OF THE PROPERTY. SYNCON IS UNABLE TO CARRY OUT ANY SIGNI- FICANT CLEANUP ACTIVITIES, SO THE SUPERFUND PROGRAM WILL PROBABLY FUND THE REMEDIAL WORK ON THE REMAINDER OF THE PROPERTY. WE INTEND TO SEEK RECOVERY OF THE COSTS OF THIS WORK THROUGH IMPOSITION OF A LIEN ON THE SYNCON PROPERTY, WHICH HAS A HIGH INTRINSIC COMMERCIAL VALUE. SITE IS ON THE PROPOASED NPL. TOTAL CLAIMS SOUGHT: $19,000 W/$3.2M EXPECTED TOTAL RECOVERED : $0.0 TOTAL SPENT : $2.4 MILLION * *CASE DISMISSED BY TRIBUNAL ON JULY 25, 1996 CASE CLOSED.

Defendants (2)

• BENJAMIN FARBER
• SYNCON RESINS, INC.Named in complaint

Facilities (2)

• FARNOW INC DIVISION OF SYNCON RESINS

  77 JACOBUS AVE, SOUTH KEARNY, NJ, 07032

  Registry ID: 110029379205

• FARNOW INC DIVISION OF SYNCON RESINS

  77 JACOBUS AVE, SOUTH KEARNY, NJ, 07032

  Registry ID: 110029379205

Statutes cited

• CERCLA 107 — Superfund

Timeline (6 milestones)

• 1982-09-29Referred To Headquarters
• 1982-11-30Referred To Dept Of Justice
• 1983-03-22Referred TO U.S. Attorney
• 1983-03-24Complaint Filed With Court
• 1996-07-25Concluded
• 1996-07-25Enforcement Action Closed