EPA v. ROHM & HAAS CO. ET AL. - LIPARI LANDFILL

Case summary

THIS IS A CIVIL ACTION FOR COST RECOVERY UNDER SECTION 107 OF CERCLA, 42 U.S.C., 9607, AGAINST ROHM & HAAS, OWENS-ILLINOIS, CBS RECORDS (GENERATORS), CENCO, INC. AND MR. JONAS (TRANSPORTERS). THE LIPARI LANDFILL IS THE NUMBER ONE RANKED SITE ON THE NATIONAL PRIORITY LIST. IT IS LOCATED IN MANTUA TOWNSHIP IN NEW JERSEY. THE LANDFILL WAS OPERATED BY MR. LIPARI. FOR A PERIOD OF 13 YEARS MR. LIPARI ACCEPTED SANITARY WASTE FROM LOCAL COMMUNITIES & HAZARDOUS INDUSTRIAL WASTE FROM THE GENERATORS. THE HAULERS TRANSPORTED THE HAZARDOUS WASTE TO THE LANDFILL. RELEASE OF HAZARDOUS SUBSTANCES HAS OCCURRED TO THE UNDERLYING COHANSEY ACQUIFER & TO THE ADJACENT BODIES OF SURFACE WATER, CHESTNUT BRANCH AND ALCYON LAKE. NUMEROUS STUDIES HAVE BEEN PERFORMED WHICH DEFINE THE NATURE & EXTENT OF CONTAMINATION. THE HAZARDOUS SUBSTANCES WHICH HAVE BEEN FOUND IN THE RELEASE INCLUDE, INTER ALIA, BENZENE, VINYL CHLORIDE, BIS (2 CHLOROETHYL) ETHER, VINYL CHLORIDE, ETHYLBENZENE, & CHLOROBENZENE. MANY OF THESE HAZARDOUS SUBSTANCES ARE KNOWN OR SUSPECTED CARCINOGENS, TERATOGENS AND MUTAGENS. Ten de minimis parties entered into a settlement. In 1994, the Court entered a Consent Decree in which Rohm & Haas, Owens-Illinois, and the Manor Defendants settled their liability for RODs I, II, and two discrete portions of ROD III for a payment of cash. Pursuant to a subsequent Consent Decree (the Remedial Action Work Decree), Rohm & Haas agreed to perform the work required under ROD III in the “off-site” areas. In 1996, the Court entered a Consent Decree pursuant to which Mr. Lipari’s insurers agreed to pay the United States and the State. In 1997, the Court entered a Consent Decree in which the Manor Defendants agreed to pay the United States and the State. In 1999, the Court entered a Consent Decree between EPA and Owens-Illinois, in which Owens-Illinois agreed to pay. The cash obtained was put into a special account for the benefit of the Lipari Site.

Defendants (21)

• HERCULES INCNamed in complaintNamed in settlement
• ALLIED PAPER INCNamed in complaintNamed in settlement
• ALMO TANK CLEANINGSNamed in complaintNamed in settlement
• BETZ LABORATORIES INCNamed in complaintNamed in settlement
• CBS INCNamed in complaintNamed in settlement
• CBS RECORDS INCNamed in complaintNamed in settlement
• CENCO, INCNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS & CONamed in complaintNamed in settlement
• GILBERT SPRUANCE CO, THENamed in complaintNamed in settlement
• GLIDDEN CONamed in complaintNamed in settlement
• MANOR CARE INCNamed in complaintNamed in settlement
• MANOR HEALTH CARE CORPNamed in complaintNamed in settlement
• MANOR HEALTHCARE CORPNamed in complaintNamed in settlement
• MARVIN JONAS INCNamed in complaintNamed in settlement
• OWENS-CORNING FIBERGLASS CORPNamed in complaintNamed in settlement
• OWENS-ILLINOIS INCNamed in complaintNamed in settlement
• PORTFOLIO ONE INCNamed in complaintNamed in settlement
• ROHM & HAAS COMPANYNamed in complaintNamed in settlement
• ROHM & HAAS COMPANY INC ET ALNamed in complaintNamed in settlement
• SPS TECHNOLOGIES INCNamed in complaintNamed in settlement
• TRIANGLE PUBLICATIONS INCNamed in complaintNamed in settlement

Facilities (1)

• LIPARI LANDFILL

  RT 322, PITMAN, NJ, 08071

  Registry ID: 110009299721

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (5)

• ROHM & HAAS COMPANY ET AL (1)entered 1989-09-29

  Primary law: CERCLA

• ROHN & HASS COMPANY INC ET ALentered 1999-02-11

  Primary law: CERCLA

• ROHM & HAAS COMPANY, ET AL (2)entered 1994-04-18

  Primary law: CERCLA

• ROHM & HASS COMPANY, ET AL (3)entered 1995-05-17

  Primary law: CERCLA

• ROHM & HAAS COMPANY INC ET AL (4)entered 1997-04-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1984-12-28Referred To Headquarters
• 1985-02-20Referred To Dept Of Justice
• 1985-08-29Referred TO U.S. Attorney
• 1985-09-10Complaint Filed With Court
• 1998-12-17Final Order Lodged
• 1999-02-11Final Order Entered
• 1999-02-11Concluded