EPA v. INMAR ASSOCIATES, INC. (SCP-CARLSTADT SITE)

Case summary

THE PROPOSED ACTION IS TO BE FILED AGAINST INMAR PURSUANT TO CERCLA, IN CONNECTION WITH INMAR'S OWNERSHIP OF THE PROPERTY WHICH HAS COME TO BE KNOWN AS THE SCIENTIFIC CHEM- ICAL PROCESSING, INC. (SCP) SITE, IN CARLSTADT, N.J. THE SCP-CARLSTADT SITE IS INCLUDED ON CERCLA'S NATIONAL PRIOR- ITIES LIST. ON 10/23/85, EPA REGION II ISSUED A CERCLA SECTION 106(A) UNILATERAL ORDER TO INMAR, REQUIRING THE FIRM, A POTENTIALLY RESPONSIBLE PARTY UNDER SECTION 107(A)(1), TO CARRY OUT A REMOVAL ACTION FOR THE SCP-CARLSTADT SITE. INMAR HAS ONLY PARTIALLY COMPLIED THEREWITH, AND HAS REPEATEDLY DELAYED THE REMOVAL ACTION RESULTING IN A FAILURE TO COMPLY WITH CERTAIN DEADLINES SET FORTH IN THE ORDER. EPA REGION II REQUESTS THE INITIATION OF A CIVIL ACTION SEEKING 1) CIVIL PENALTIES, IAW SECTION 106(B) OF CERCLA, AND 2) COST RECOVERY, IAW SECTION 107(A) OF CERCLA, FOR GOVERNMENTAL RESPONSE, OVERSIGHT AND LEGAL EXPENDITURES. SIGNIFICANT NATIONAL OR PRECEDENTIAL ISSUES: A) SUFFI- CIENCY OF THE AGENCY'S DUE PROCESS PROCEDURES IN ISSUING A SECTON 106(A) UNILATERAL ORDER; B) THE AGENCY'S INTERPRETA- TION OF CERCLA AS A STRICT, JOINT AND SEVERAL LIABILITY OR- DER; C) THE TECHNICAL SUFFICIENCY OF THE AGENCY'S DETERMINA- TION THAT THE RELEASE OR THREATENED RELEASE OF HAZARDOUS SUBSTANCES POSED AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO PUBLIC HEALTH, WELFARE, AND THE ENVIRONMENT; D) THIS ACTION WILL SERVE AS NOTICE THAT THE AGENCY WILL TAKE PROMPT AND AGGRESSIVE ACTION AGAINST NON-SETTLERS AND VIOLATORS OF ITS ORDERS, WHICH IS CONSISTENT WITH THE ENFORCEMENT POLICY SET FORTH IN THE AGENCY'S DRAFT CERCLA SETTLEMENT POLICY (DATED 10/4/85). MOREOVER, THIS ACTION MAY PROVIDE A STRONG INCEN- TIVE FOR OTHER PRPS TO REACH TIMELY SETTLEMENTS WITH THE AGENCY IN THE FUTURE.

Defendants (1)

• INMAR ASSOCIATES, INC.Named in complaintNamed in settlement

Facilities (1)

• SCIENTIFIC CHEMICAL PROCESSING INCORPORATED

  216 PATERSON PLANK RD, CARLSTADT, NJ, 07072

  Registry ID: 110000701223

Statutes cited

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

Enforcement conclusions (1)

• INMAR ASSOCIATES, INC SCP SITEentered 1988-05-03

  Primary law: CERCLA

  Federal penalty: $315,000

Timeline (8 milestones)

• 1986-03-28Referred To Headquarters
• 1986-05-16Referred To Dept Of Justice
• 1986-09-29Referred TO U.S. Attorney
• 1987-01-14Complaint Filed With Court
• 1988-05-03Final Order Lodged
• 1988-05-03Final Order Entered
• 1988-05-03Concluded
• 1988-05-24Enforcement Action Closed