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02-1985-0040JudicialConcludedFY 1985· Region 02

EPA v. BENJAMIN FARBER ET AL.

Final Order With Specified Cost Recovery

Cost recovery

$2,665,000

Case summary

THIS IS A COST RECOVERY ACTION, PURSUANT TO SECTION 107 OF CERCLA, 42 USC 9607, FOR RECOVERY OF EXPENSES INCURRED FOR REMEDIAL ACTIONS AT A SITE, FORMERLY OWNED BY MR. FARBER (OF WHICH HE REMAINS PARTIAL OWNER). INFORMATION OBTAINED FROM NUMEROUS INSPECTIONS OF THE SITE, BOTH BY EPA PERSONNEL & NJDEP PERSONNEL, ESTABLISHED THERE HAS BEEN RELEASES OF HAZARDOUS SUBSTANCES AT THE SITE & THAT THE MANY DRUMS STORED AT THE SITE (APP. 13,000)CONTAINED HAZARDOUS SUBSTANCES & PRESENTED A GREAT DANGER OF FIRE & EXPLOSION. EPA DETERMINED THAT AN INITIAL REMEDIAL MEASURE (IRM) WAS REQUIRED FOR THE REMOVAL OF THE DRUMS. THE IRM HAS BEEN COMPLETED, PURSUANT TO A COOPERATIVE AGREEMENT WITH THE STATE OF N.J., & EPA, BY THE PROPOSED ACTION, SEEKS COST RECOVERY FOR EXPENSES IT HAS THUS INCURRED. AN AMENDMENT WAS FILED ON 9/30/88. THE AMENDMENT IS TO INCLUDE TWO ADDITIONAL PARTIES AS DEFENDANTS.

Defendants (7)

  • A & S TRANSPORTATION CO.Named in settlement
  • AGWAY, INC.Named in settlement
  • BENJAMIN FARBERNamed in complaintNamed in settlement
  • DISCH CONSTRUCTION COMPANYNamed in complaintNamed in settlement
  • ESSEX CHEMICAL CORPORATIONNamed in complaintNamed in settlement
  • PUREX CORPORATIONNamed in settlement
  • SPECTRASERV INC.Named in settlement

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 107ACost Recovery

Enforcement conclusions (5)

  • SPECTRASERV, INCentered 1995-12-20

    Primary law: CERCLA

  • FARBER, BENJAMIN V PUREX ET ALentered 1997-01-23

    Primary law: CERCLA

  • DISCH AND ESSEX CHEMICALentered 1995-12-20

    Primary law: CERCLA

  • AGWAYentered 1995-12-20

    Primary law: CERCLA

  • PUREX CORPORATIONentered 1995-12-20

    Primary law: CERCLA

Timeline (7 milestones)

  • 1985-09-30Referred To Headquarters
  • 1985-11-25Referred To Dept Of Justice
  • 1986-07-24Referred TO U.S. Attorney
  • 1986-09-01Complaint Filed With Court
  • 1997-01-23Final Order Lodged
  • 1997-01-23Final Order Entered
  • 1997-01-23Concluded

Case metadata

EPA activity ID
1942
Case number
02-1985-0040
DOJ docket
90-11-3-116
Lead agency
EPA
HQ division
CER
Branch
NJSUP
EPA region
02
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Cost Recovery

Sourced verbatim from EPA ECHO Enforcement Case Report for case 02-1985-0040 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.