EPA v. QUANTA RESOURCES CORP (SUPERFUND SITE)

Case summary

COMMENCEMENT OF A CIVIL ACTION PURSUANT TO CERCLA, 42 USC 9601 IN CONNECTION WITH REMOVAL ACTIVITIES AT AN UNCONTROLLED HAZARDOUS SUBSTANCE FACILITY LOCATED AT ONE RIVER ROAD IN EDGEWATER, N.J., COMMONLY KNOWN AS THE QUANTA RESOURCES CORPORATION FACILITY. ON 4/3/85, REGION II COMMENCED A FEDERALLY-FUNDED REMOVAL ACTION AT THE FACILITY PURSUANT TO SECTION 104 OF CERCLA AND 40 CFR 300.65 AND 300.67. SUBSEQUENTLY, ALLIED CORPORATION ( ALLIED ), FOLLOWING THE ESTABLISHMENT OF A $5,000,000.00 TRUST FUND CREATED BY CONTRIBUTIONS FROM OTHER COOPERATING POTENTIALLY RESPONSIBLE PARTIES ( PRP'S), AGREED TO PERFORM MOST OF THE UNCOMPLETED ASPECTS OF THE ONGOING REMOVAL ACTION, AND TO REIMBURSE EPA FOR CERTAIN FEDERAL REMOVAL-RELATED EXPENDITURES. ALLIED ACTUALLY ASSUMED FULL RESPONSIBILITY FOR ONGOING REMOVAL ACTIVITIES AT THE FACILITY ON 11/12/85. IN CONSIDERATION OF THE FINANCIAL CONTRIBUTION OF THOSE PRPS THAT COOPERATED WITH ALLIED, REGION II ENTERED IN TO A COVENANT NOT TO SUE WITH THESE PRPS WITH RESPECT TO THEIR SURFICIAL REMOVAL LIABILITY. THEREAFTER, ON 10/16/85, THE REGIONAL ADMINISTRATOR OF EPA REGION II ISSUED A UNILATERAL ADMINISTRATIVE ORDER, PURSUANT TO SECTION 106(A) OF CERCLA, TO THOSE PRP'S THAT HAD DECLINED OR REFUSED TO PARTICIPATE WITH THE COMMITTEE OF PRP'S FUNDING THE ALLIED SETTLEMENT. THE UNILATERAL ORDER REQUIRED THE RESPONDENTS THERETO TO PRIVATELY FUND AND IMPLEMENT CERTAIN DISCRETE REMOVAL ACTIVITIES INTENDED TO COMPLEMENT THE MAJOR REMOVAL ACTION THEN BEING IMPLEMENTED BY ALLIED. RESPONDENTS WERE ALSO NOTIFIED THAT THEY WOULD BE SUBJECT TO A COST RECOVERY ACTION, PURSUANT TO SECT. 107(A) OF CERCLA, FOR FEDERAL REMOVAL-RELATED COSTS INCURRED, AND THAT CIVIL PENALTIES AND PUNITIVE DAMAGES WOULD BE SOUGHT, IN ACCORDANCE WITH SECTIONS 106(B) AND 107(C) OF CERCLA, IN THE EVENT THEY DID NOT COMPLY WITH THE PROVISIONS OF THE UNILATERAL ORDER. TO DATE, DESPITE CERTAIN COMPLIANCE MEASURES UNDERTAKEN BY THE PROPERTY OWNERS, THE REQUIREMENTS OF THE UNILATERAL ORDER REMAIN LARGELY IGNORED BY THE RESPONDENTS. ACCORDINGLY, REGION II REQUESTS THAT A CIVIL ACTION BE COMMENCED AGAINST 37 OF THE RESPONDENTS TO THE UNILATERAL ORDER SEEKING INJUNCTIVE RELIEF, CIVIL PENALTIES & COST RECOVERY. RETURNED TO THE REGION ON 8/27/87. RE-REFERRED TO THE DOJ ON 09/30/88: ON OCTOBER 16, 1985, THE REGIONAL ADMINISTRATOR OF THE U.S. EPA, REGION II ISSUED A UNILATERAL ADMINISTRATIVE ORDER TO (8) PROPOSED DEFENDANTS AND BUSINESS ENTITIES, AMONG OTHERS, PURSUANT TO THE AUTHORITY OF 42 U.S.C. SECTION 9606(A), TO CARRY OUT CERTAIN REMOVAL ACTIVITIES, IN ACCORDANCE WITH 42 U.S.C. SECTION 9604 AND 40 C.F.R. 300.65 AND 300.67. THE SUBJECT OF THIS ORDER IS THE SITE REFERRED TO AS EDGEWATER, NEW JERSEY. TO DATE, THE RESPONDENTS UNDER THE UNILATERAL ORDER HAVE FAILED TO IMPLEMENT ALL BUT A MINOR ASPECT OF THE REQUIREMENTS OF THE ORDER. REGION II NOW REQUESTS THE INITIATION OF A CIVIL ACTION SEEKING: (1) INJUNCTIVE RELIEF, SPECIFICALLY, PERFORMANCE OF THE AS YET UNIMPLEMENTED ASPECTS OF THE UNILATERAL ORDER, PURSUANT TO 42 U.S.C. SECTION 9606(B), WHICH AUTHORIZES THE COMMENCEMENT OF AN ACTION IN THE APPROPRIATE U.S. DISTRICT COURT TO SEEK FINES FOR EACH DAY VIOLATION OF AN ORDER ISSUED PURSUANT TO 42 U.S.C. SECTION 9606(A);(2) CIVIL PENALTIES.

Defendants (15)

• ALCAN ALUMINUM CORPNamed in complaint
• BROWNING-FERRIS IND CHEM INC HOSTON, TX.Named in complaintNamed in settlement
• CHEMICAL MANAGEMENT, INCNamed in complaint
• EASTERN OIL SERVICE ALEXANDRIA, VA.Named in complaint
• FROLA, JAMES V., RIDGEFIELD, N.J.Named in complaintNamed in settlement
• LUZON OIL CO, INCNamed in complaintNamed in settlement
• PEABODY CLEAN INDUSTRY, INC. OF MASS.Named in complaintNamed in settlement
• PEABODY INTERNATIONAL CORPORATIONNamed in complaintNamed in settlement
• PETROLEUM TANK CLEANERS INC. BKLYN, N.Y.Named in complaintNamed in settlement
• REPUBLIC ENVIRONMENTAL SYSTEMS (NY)Named in settlement
• S & M WASTE OIL, INC OGDENSBURG, N.J.
• SNYDER ENTERPRISES, INCNamed in complaintNamed in settlement
• TEXACO INC. HOUSTON, TX.Named in complaintNamed in settlement
• TOTAL RECOVERYNamed in complaintNamed in settlement
• VON DOHLN, ALBERT, EDGEWATER, N.J.Named in complaintNamed in settlement

Facilities (1)

• QUANTA RESOURCES

  ONE RIVER RD, EDGEWATER, NJ, 07020

  Registry ID: 110009299277

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (9)

• TEXACO INC.entered 1994-03-24

  Primary law: CERCLA

• BROWNING-FERRIS INDUSTRIESentered 1990-04-09

  Primary law: CERCLA

• SNYDER ENTERPRISES, INC.entered 1994-03-24

  Primary law: CERCLA

• REPUBLIC ENVIRONMENTAL SYSTEMSentered 1994-03-24

  Primary law: CERCLA

  Federal penalty: $100,000

• JAMES FROLA & ALBERT VON DOHLNentered 1994-03-24

  Primary law: CERCLA

• PEABODY INTERNATIONAL CORP.entered 1990-04-09

  Primary law: CERCLA

• TOTAL RECOVERY, INC.entered 1994-03-24

  Primary law: CERCLA

  Federal penalty: $525,000

• LUZON OIL COMPANY, INC.entered 1994-03-24

  Primary law: CERCLA

• PETROLEUM TANK CLEANERS, INC.entered 1994-03-24

  Primary law: CERCLA

  Federal penalty: $100,000

Timeline (10 milestones)

• 1986-09-30Enforcement Action Data Entered
• 1986-09-30Referred To Headquarters
• 1986-11-20Referred To Dept Of Justice
• 1987-08-27Returned To Region
• 1988-09-30Rereferred
• 1990-01-03Complaint Filed With Court
• 1994-03-24Final Order Entered
• 1994-03-24Concluded
• 1994-03-24Final Order Lodged
• 1999-03-24Enforcement Action Closed