EPA v. ROEBLING STEEL CORP

Case summary

EPA HAS TEMPORARILY SUSPENDED REMOVAL ACTIVITIES AT THE ROEBLING STEEL COMPANY SUPERFUND SITE WHEN REPEATED ACTS OF VANDALISM AND OTHER CRIMINAL CONDUCT MADE IT UNSAFE TO CON- TINUE REMOVAL WORK AT THE SITE. EPA'S ON-SCENE CORDINATOR, WITH FULL SUPPORT OF REGION II, DETERMINED THAT, UNLESS MEASURES WERE TAKEN TO ENSURE UNIMPEDED AND UNRESTRICTED ACESS TO THE SITE, THE ONGOING REMOVAL ACTION COULD NOT CON- TINUE WITHOUT UNDUE RISK OF INJURY TO FEDERAL EMPLOYEES AND CONTRACTORS AT THE SITE, AS WELL AS THE NEARBY COMMUNITY OF ROEBLING. THE DEPARTMENT OF JUSTICE HAS CONTACTED ROGER SCHOERNER, PRESIDENT OF JARSCO. HE WAS INFORMED OF THE ACESS DIFFI- CULTIES AND THE OTHER EVENTS THAT HAVE CAUSED A STAY OF THE REMOVAL ACTIVITIES. HIS COOPERATION WAS REQUESTED IN PRE- VENTING ACCESS IMPEDIMENTS. MR. SCHOERNER INDICATED THAT THE STATE OF NEW JERSEY HAD DECLARED THE JARSCO VOID BY BY PROCLAMATION FOR NON-PAYMENT OF TAXES AND HE HESITATED ACTING ON BEHALF OF THE COMPANY. THE DEPARTMENT OF JUSTICE RESEARCHED THE ISSUE OF PERMISS- ABLE ACTIVITIES UNDER A VOIDED CORPORATE CHARTER AND CON- TACTED MR. SCHOERNER TO INFORM HIM THAT SIGNING A CONSENT ORDER FOR ACCESS WOULD BE A PERMISSABLE ACT OF A VOID COR- PORATION UNDER NEW JERSEY LAW. MR. SCHOERNER THEN AGREED TO SIGN A CONSENT ORDER. THE COMPLAINT AND CONSENT ORDER WERE FORWARDED TO MR. SCHOERNER ON AUGUST 9, 1988 FOR HIS SIGNATURE. THE POSSIBILITY OF THE CRIMINAL CONDUCT OF THIRD PARTIES CAUSING THE INTERRUPTION OF EPA SITE ACTIVITIES IS OF SIG- NIFICANT NATIONAL INTEREST. THIS ISSUE WAS DISCUSSED AT A JUNE 29, 1988 MEETING ATTENDED BY REPRESENTATIVES OF THE DEPARTMENT OF JUSTICE, EPA REGION II, OFFICE OF WASTE PRO- GRAMS, OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING, OFFICE OF GENERAL COUNSEL, OFFICE OF EMERGENCY AND REMEDIAL RESPONSE, AS WELL AS THE U.S. MARSHAL'S SERVICE AND THE FED- ERAL BUREAU OF INVESTIGATIONS. THE ATTENDEES AGREED THAT IT WOULD BE USEFUL TO FORM A WORK GROUP TO STUDY VARIOUS SITUATIONS WHERE THE PHYSICAL PROTECTION OF FEDERAL EM- PLOYEES AND CONTRACTORS IS WARRANTED. * NAME AND LOCATION OF DEFENDANT: JOHN A. ROEBLJING STEEL CORP (JARSCO) C/O ROGER SCHOERNER THE SCHOERNER CORP 100 WINDSONG MANOR CARROLLTON, GEORGIA 30117 (404) 834-3309 * FACILITY NAME: ROEBLING STEEL 2ND & HORNBERGER AVENUES ROEBLING, N.J. 08554 OWNERSHIP: PRIVATE (ABANDONED STEEL MILL)

Defendants (1)

• JOHN A. ROEBLING STEEL CORP (JARSCO)Named in complaint

Facilities (1)

• ROEBLING STEEL CO.

  2ND STREET, FLORENCE, NJ, 08554

  Registry ID: 110064314905

Statutes cited

• CERCLA 104E3 — Entry Access

Timeline (4 milestones)

• 1988-08-22Referred To Dept Of Justice
• 1988-09-01Complaint Filed With Court
• 1988-09-08Concluded
• 1989-01-25Enforcement Action Closed