EPA v. PINE VALLEY GOLF CLUB

Case summary

PINE VALLEY GOLF CLUB (NJ) WAS SITE OF UNAUTHORIZED DIS- POSAL OF APP. 15,000 LBS OF HAZARDOUS WASTES. ACTION INITI- ATED AGAINST BOTH THE CLUB AND ITS SUPERINTENDANT, RICHARD BATOR. BATOR WAS SUPERVISOR WITH EXTENSIVE RESPONSIBILITIES IN THE CLUB. RECENT NJ FEDERAL COURT DECISION, US V. JOHNSON & TOWERS, HELD THAT EMPLOYEES OF COMPANY ENGAGING IN CRIMINAL BEHA- VIOR MAY NOT BE OPERATORS FOR THE PURPOSE OF LIABILITY UNDER RCRA UNLESS THEY ARE AMONG CHIEF OPERATING OFFICERS. JOHNSON & TOWERS CASE IS BEING APPEALED. OUTCOME MAY AFFECT WHETHER OR NOT BATOR CAN BE INCLUDED AS DEFENDANT. CLUB VIOLATED REQUIREMENTS OF RCRA 3008(C), MOST NOTABLY DISPOSING OF WASTES, ALTHOUGH IT DOES NOT HOLD A RCRA PERMIT OR HAVE INTERIM STATUS UNDER RCRA AS A DISPOSAL FACILITY. ACTION SEEKING INJUNCTIVE RELIEF, REQUIRING CLUB TO COMPLY WITH RCRA AND CERCLA IN FUTURE, CARRY OUT LONG-TERM MONITOR- ING TO DETERMINE WHETHER OR NOT RESIDUAL CONTAMINATION RE- MAINING IN GROUND AFTER THE REMOVAL OF BURIED WASTES MAY BE MIGRATING, AND IMPOSITION OF SUITABLE PENALTY AGAINST BOTH CLUB AND BATOR. IN A SUPPLEMENTAL LITIGATION REFERRAL (DATED 5/10/84, CASE #02-84-E009), REGION 2 NOTIFIED EPA HQ OF THEIR REQUEST TO ADD A COUNT FOR COST RECOVERY UNDER SECTION 107 OF CERCLA. EXPENSES TOTALLING $7872.89 WERE INCURRED FOR ACTIVITIES PURSUANT TO SECTION 104 OF CERCLA AND SUBPART F OF THE NCP.

Defendants (2)

• PINE VALLEY GOLF CLUBNamed in complaintNamed in settlement
• BATOR, RICHARDNamed in complaintNamed in settlement

Facilities (1)

• PINE VALLEY GOLF CLUB

  N/A, PINE VALLEY, NJ, 08021

  Registry ID: 110010600206

Statutes cited

• RCRA 3008 — Res Conserv & Rec Act
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• PINE VALLEY GOLF CLUBentered 1984-11-09

  Primary law: CERCLA

  Federal penalty: $26,831

Timeline (8 milestones)

• 1983-12-30Referred To Headquarters
• 1984-01-30Referred To Dept Of Justice
• 1984-04-18Referred TO U.S. Attorney
• 1984-05-29Complaint Filed With Court
• 1984-11-09Final Order Lodged
• 1984-11-09Final Order Entered
• 1984-11-09Concluded
• 1987-02-26Enforcement Action Closed