EPA v. ABSOLUTE FIRE PROTECTION CO ET AL

Case summary

ARRANGEMENT FOR DISPOSAL, TREATMENT, AND TRANSPORTATION OF HAZARDOUS SUBSTANCES WITHIN THE MEANING OF 107(A) OF CERCLA IS THE VIOLATION UPON WHICH THIS ACTION IS BASED. EPA SEEKS RECOVERY OF 100% OF EPA'S PAST RESPONSE COSTS FOR (1) A CERCLA REMOVAL ACTION; (2) ITS PREDECESSOR 33 U.S.C. 1321 OIL DISCHARGE RESPONSE ACTION; AND (3) OTHER RELATED LITIGATION AND CONTRACTUAL COSTS. THE FACTS OF THE KIN-BUC CASE ARE SOMEWHAT UNIQUE, IN THAT BOTH AN OWNER/OPERATOR GROUP AND GENERATOR/TRANSPORTER GROUP ARE IN EXISTENCE AND FINANCIALLY VIABLE. BECAUSE THE OWNER/OPERATORS, NON-SETTLORS IN THIS COST RECOVERY ACTION, ARE CURRENTLY COMPLYING WITH EPA'S 106 CLEAN-UP ORDERS, THE GOVERNMENT HAS AGREED TO COVENANT TO USE 'ALL REASONABLE EFFORTS' TO SEEK FUTURE COSTS OR COMPEL FUTURE REPONSE ACTIONS FROM THE NON-SETTLORS, BEFORE SEEKING SUCH RELIEF FROM THE GENERATOR/TRANSPORTER SETTLORS. THIS DOES NOT CONSTITUTE A RELEASE OR 'COVENANT NOT TO SUE' UNDER CERCLA, BUT IT DOES PLACE CERTAIN CONDITIONS ON THE POSSIBLE FUTURE EXERCISE OF THE GOVERNMENT'S ENFORCEMENT AUTHORITY WHICH MAY BE CITED AS PRECEDENT BY PRPS IN FUTURE COST RECOVERY ACTIONS WHERE SIMILAR FACTS ARE PRESENTED.

Defendants (224)

• ADRON INCNamed in complaintNamed in settlement
• ALPHA METALS INCNamed in complaintNamed in settlement
• AMERADA HESS CORPNamed in complaintNamed in settlement
• BAXTER HEALTHCARE CORPNamed in complaintNamed in settlement
• BENJAMIN MOORE & CONamed in complaintNamed in settlement
• NL INDUSTRIES INCNamed in complaintNamed in settlement
• OLIN CORPNamed in complaintNamed in settlement
• RADIAC RESEARCH CORPNamed in complaintNamed in settlement
• REICHHOLD CHEMICALS INCNamed in complaintNamed in settlement
• RUSSELL-STANLEY CORPNamed in complaintNamed in settlement
• SCHERING CORPNamed in complaintNamed in settlement
• SIKA CORPNamed in complaintNamed in settlement
• TEXACO INCNamed in complaintNamed in settlement
• UNION CARBIDE CORPNamed in complaintNamed in settlement
• WESTINGHOUSE ELECTRIC CORPNamed in complaintNamed in settlement
• WITCO CHEMICAL CORPNamed in complaintNamed in settlement
• IMPERIAL OIL CO INCNamed in complaintNamed in settlement
• JOHNSON MATTHEY INCNamed in complaintNamed in settlement
• KEUFFEL & ESSER CONamed in complaintNamed in settlement
• MERCK & CO INCNamed in complaintNamed in settlement
• MOBIL OIL CORPNamed in complaintNamed in settlement
• MONSANTO CONamed in complaintNamed in settlement
• NATIONAL GYPSUM CONamed in complaintNamed in settlement
• BECTON, DICKINSON AND COMPANYNamed in complaintNamed in settlement
• BIDDLE SAWYER CORPNamed in complaintNamed in settlement
• …and 199 more

Facilities (1)

• KIN BUC INCORPORATED LANDFILL

  383 MEADOW RD, EDISON, NJ, 08817

  Registry ID: 110001535134

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ABSOLUTE FIRE PROTECTION ET ALentered 1988-08-01

  Primary law: CERCLA

Timeline (8 milestones)

• 1987-06-25Enforcement Action Data Entered
• 1987-06-26Referred To Headquarters
• 1987-08-17Referred To Dept Of Justice
• 1988-05-16Complaint Filed With Court
• 1988-08-01Final Order Lodged
• 1988-08-01Final Order Entered
• 1988-08-01Concluded
• 1992-07-14Enforcement Action Closed