EPA v. SONDEY PAINT

Case summary

THE SONDEY PAINT AND SUPPLY COMPANY, OWNED BY STANLEY SONDEY, CONSISTS OF A ONE AND ONE-HALF ACRE TRACT OF LAND LOCATED AT 2 MIDLAND AVE, WALLINGTON, NEW JERSEY. THE SITE IS UNFENCED AND IMMEDIATELY ADJACENT TO AN ACTIVE LUMBER BUSINESS AND IT IS WITHIN 300 FEET OF RESIDENCES. THE PROPERTY IS LOCATED AT THE CONFLUENCE OF THE PASSAIC RIVER AND THE SADDLE BROOK RIVER. DEF SONDEY MANUFACTURED PAINT PRODUCTS AND PAINT SUPPLIES AT THE SITE UNTIL APPROXIMATELY 1970. NO MANUFACTURING HAS TAKEN PLACE AT THE SITE FOR NEARLY TWENTY YEARS. THE MATERIALS USED IN THE MANUFACTUR- ING PROCESS WERE LEFT IN THREE BUILDINGS ON THE SITE. IN MAY 1986 THE NJDEP ENTERED THE SITE AND SAMPLED THE CONTENTS OF NUMEROUS CONTAINERS. ANALYSES OF THE SAMPLES INDICATED THE PRESENCE OF THE FOLLOWING CERCLA HAZ SUB'S: ACETONE, METHYLENE CHLORIDE, TOLUENE, ETHYLBENZENE, XYLENE, ARSENIC AND LEAD. IN JULY 1986, AND AGAIN IN SEPT 1986, NJDEP ISSUED A DIRECTIVE TO DEF PURSUANT TO THE NEW JERSEY SPILL COMPENSATION AND CONTROL ACT, N.J.S.A. 58: 10-23.11 ET SEQ. THE DIRECTIVE REQUIRED SONDEY TO INVESTIGATE THE SITE AND REMOVE ALL HAZ SUB'S. SONDEY FAILED TO COMPLY WITH DIRECTIVE. AT THE REQUEST OF NJDEP, EPA ATTEMPTED TO BEGIN A SITE INVESTIGATION IN SPRING, 1987. SONDEY DENIED EPA OFFICIALS ACCESS TO THE SITE IN APRIL AND MAY 1987. EPA OBTAINED A 30 DAY WARRANT FOR ENTRY, INSPECTION AND PERFORMANCE OF WORK UNDER CERCLA ON JULY 13, 1987. AN EPA OFFICIAL INVESTIGATED THE SITE ON AUGUST 5, 1987. ON SITE WERE APPROXIMATELY 25 55 GALLONS DRUMS AND NUMEROUS PINT SIZE PAINT CANS CONTAIN- ING PETROLEUM BASED CERCLA HAZ SUB'S. SOME OF THESE CON- TAINERS WERE RUSTED, BURNED, AND CRUSHED AND THEIR CONTENTS WERE DISCHARGING OR HAD DISCHARGED ONTO THE LAND OR ON THE BANKS OF THE PASSAIC RIVER. THE SITE HAS HAD THREE PREVIOUS FIRES OF UNKNOWN ORIGIN. A PRESENT FIRE HAZ EXISTS DUE TO FLAMMABLE HAZ SUB'S ON THE SITE. ON AUGUST 7, 1987, MR. SONDEY REFUSED TO SIGN A CONSENTUAL ACCESS AGREEMENT AUTHORIZING EPA TO CONTINUE TO CONDUCT IN- VESTIGATIONS AND REMOVAL ACTIVITIES AT THE SITE. THE AUTHORITY FOR EPA TO BRING THIS ACTION IS PROVIDED BY SECTION 104(A) & (E) OF CERCLA. EPA IS AUTHORIZED TO CON- DUCT REMOVAL ACTIONS PURSUANT TO SECTION 104(A). SECTION 104(E) AUTHORIZES EPA TO OBTAIN ACCESS FOR EFFECTUATING SUCH ACTION THROUGH COURT ORDERS. EPA PLANS TO BRING AN ACTION AGAINST STANLEY SONDEY, TO OBTAIN A COURT ORDER GRANTING EPA AND ITS AUTHORIZED REPRESENTATIVES ACCESS TO THE PROPERTY, WITHOUT INTERFERENCE, TO COMPLETE REMOVAL ACTIONS ON THE PROPERTY. THIS ACTION INVOLVES ISSUES REGARDING THE EXPANDED AUTHOR- ITIES FOR ENFORCING ACCESS UNDER SECTION 104(E)(5) OF SARA AND WILL DEMONSTRATE EPA'S WILLINGNESS TO ENFORCE ITS ACCESS AUTHORITIES VIGOROUSLY.

Defendants (1)

• SONDEY PAINTNamed in complaint

Facilities (1)

• SONDEY PAINT

  2 MIDLAND AVENUE, WALLINGTON, NJ, 07057

  Registry ID: 110009300416

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E3 — Entry Access

Timeline (6 milestones)

• 1988-05-03Enforcement Action Data Entered
• 1988-05-03Referred To Dept Of Justice
• 1988-05-03Referred TO U.S. Attorney
• 1988-07-01Complaint Filed With Court
• 1992-08-03Concluded
• 1992-08-03Enforcement Action Closed