EPA v. ATLANTIC DISPOSAL SERVICE INC

Case summary

THIS REFERRAL PROPOSES A CIVIL ACTION BY THE D.O.J., ON BEHALF OF THE E.P.A., AND AGAINST ATLANTIC DISPOSAL SERVICE, INC. OF MOUNT LAUREL, N.J. THE PROPOSED ACTION IS TO BE FILED AGAINST ALTANTIC PURSUANT TO CERCLA, IN CONNECTION W/ ATLANTIC'S ACTIVITIES AT THE PROPERTY WHICH HAS COME TO BE KNOWN AS THE TABERNACLE DRUM DUMP, IN TABERNACLE TOWNSHIP, N.J. THE TABERNACLE DRUM DUMP IS INCLUDED ON CERCLA'S NA- NATIONAL PRIORITIES LIST. ATLANTIC DISPOSAL SERVICE, INC. HAS BEEN DETERMINED TO BE A RESPONSIBLE PARTY, IN ACCORDANCE WITH SECTION 107(A)(4) OF CERCLA, W/ RESPECT TO THE TABERNACLE DRUM DUMP. ON 2/17/84 REGION II ISSUED AN ORDER TO ATLANTIC, PURSUANT TO CERCLA SECTION 106(A), REQUIRING IT TO CARRY OUT A PLANNED REMOVAL ACTION AT THE TABERNACLE SITE. ATLANTIC HAS ONLY PARTIALLY IMPLEMENTED THE REQUIREMENTS OF THAT ORDER TO DATE, & HAS RECENTLY STATED THAT IT INTENDS TO TAKE NO FURTHER ACTION UNDER THE ORDER. EPA WILL IMPLEMENT THE REMAINING PROVI- SIONS OF THE ORDER AS PART OF A FUND-FINANCED REMEDIAL IN- VESTIGATION & FEASIBILITY STUDY. THE REFERRAL PROPOSES THAT THE GOVERNMENT COMMENCE A CIVIL ACTION AGAINST ATLANTIC SEEKING: 1) CIVIL PENALTIES LAW CERCLA SECTION 106(B), WHICH PROVIDES FOR PENALTIES OF UP TO $5,000 PER DAY OF VIOLATION OF AN ORDER ISSUED PURSUANT TO CERCLA/106(A) & 2) COST RECOVERY, LAW CERCLA SECTION 107(A) FOR GOVERNMENTAL RESPONSE, OVERSIGHT AND LEGAL EXPENDITURES WHICH HAVE BEEN INCURRED BY THIS AGENCY IN CONNECTION W/ THE REMOVAL ACTION FOR THE TABERNACLE SITE.

Defendants (1)

• ATLANTIC DISPOSAL SERVICE INCNamed in complaintNamed in settlement

Facilities (1)

• TABERNACLE DRUM DUMP

  RD3, CARRANZA ROAD, TABERNACLE, NJ, 08088

  Registry ID: 110009300229

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106B — Superfund

Enforcement conclusions (1)

• ATLANTIC DISPOSAL SERVICE, INCentered 1987-07-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-09-30Referred To Headquarters
• 1986-10-07Referred To Dept Of Justice
• 1987-06-30Complaint Filed With Court
• 1987-07-13Final Order Lodged
• 1987-07-13Final Order Entered
• 1987-07-13Concluded
• 1988-01-07Enforcement Action Closed