EPA v. BAYONNE BARREL AND DRUM COMPANY

Case summary

THIS IS A CIVIL ACTION PURSUANT TO RCRA 3008(A), 42 USC 6928(A) AGAINST BAYONNE BARREL AND DRUM AND FRANK LANGELLA, INDIVIDUALLY. IN ADDITION, THIS REFERRAL RECOMMENDS SUING BAYONNE BARREL AND DRUM, PURSUANT TO RCRA 3008(C), FOR VIO- LATION OF A FINAL CONSENT AGREEMENT & CONSENT ORDER, ISSUED TO THE CO. IN SEPTEMBER 1984, IN SETTLEMENT OF A RCRA AD- MINISTRATIVE ENFORCEMENT ACTION BY EPA REGION II. PURSUANT TO THAT CONSENT ORDER, THE COMPANY WAS OBLIGATED TO REMOVE WASTE ASH FROM ITS FACILITY IN NEWARK, NJ, TO SUBMIT A CLO- SURE PLAN AND DECONTAMINATE THE FACILITY, AND TO POST A BOND GUARANTEEING ITS PERFORMANCE. THESE AND OTHER STEPS HAVE NOT BEEN TAKEN BY BAYONNE BARREL, & THE CO. IS, THEREFORE IN VIOLATION OF THE CONSENT ORDER. BAYONNE BARREL AND DRUM OPERATED A DRUM RECONDITIONING PLANT IN NEWARK UNTIL SEPTEMBER 1983. THE COMPANY STILL OWNS THE PROPERTY, AND THE COMPANY'S PRESIDENT, FRANK A. LANGELLA, OWNS IN HIS OWN NAME AN ADJACENT SIX ACRES OF LAND UPON WHICH OPERATIONS OF THE COMPANY WERE ALSO CONDUCTED. THERE ARE ONGOING VIOLATIONS OF HAZARDOUS WASTE INTERIM STATUS OPERATING, CLOSURE AND FINANCIAL RESPONSIBILITY REQUIREMENTS AT THESE TWO PROPERTIES. PROPOSED RELIEF TO BE SOUGHT INCLUDES INJUNCTIVE RELIEF TO INSURE COMPLIANCE WITH THE CONSENT ORDER AND RCRA REGULA- TIONS AND PROPER CLEANUP OF INDUSTRIAL PROPERTIES. 08/13/93: JUDGEMENT AND ORDER RECEIVED AS A PARTIAL JUDGEMENT IN CDETS (FILED 3/19/89). ************************************************************

Defendants (2)

• BAYONNE BARREL AND DRUM COMPANYNamed in complaintNamed in settlement
• LANGELLA, FRANKNamed in complaintNamed in settlement

Facilities (1)

• BOYONNE BARREL & DRUM

  154 RAYMOND BLVD, NEWARK, NJ, 07105

  Registry ID: 110000864761

Statutes cited

• RCRA 3008C — Violation of Compliance Order
• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• BAYONNE BARREL AND DRUM COMP.entered 1989-03-19

  Primary law: RCRA

Timeline (8 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-07Referred To Dept Of Justice
• 1987-03-04Referred TO U.S. Attorney
• 1987-03-04Complaint Filed With Court
• 1989-03-19Final Order Lodged
• 1989-03-19Final Order Entered
• 1997-04-18Concluded
• 1997-04-18Enforcement Action Closed