EPA v. METALTEC CORPORATION ET AL

Case summary

THE METALTEC SITE IS LISTED ON THE NPL. EPA HAS ALREADY FUNDED THE FOLLOWING RESPONSE ACTIONS RELATED TO THIS SITE: REMEDIAL INVESTIGATION AND FEASABILITY STUDIES, DESIGN WORK FOR REMEDIATION OF CONTAMINATED SOIL, GROUNDWATER MODELING AND OTHER SITE ASSESSMENT WORK. THE RECORD OF DECISION(ROD) WAS SIGNED BY EPA IN JUNE, 1986. IN SEPT 1988, EPA STARTED REMEDIATION OF SURFACE SOILS WITH FEDERAL FUNDS. THE PROPOSED DEFENDANTS INCLUDE THE SITE OWNER, OPERATOR, THE SUCCESSOR TO THE SITE OWNER AND A CORPORATE OFFICIAL CONNECTED TO ALL (3) CORPORATE DEFENDANTS. THIS IS AN ACTION PURSUANT TO SECTION 107(A) OF CERCLA TO RECOVER PAST COSTS INCURRED BY THE EPA AND TO OBTAIN A JUDGEMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EPA COSTS IN UNDERTAKING AND/OR FUNDING RESPONSE ACTIONS AT THE METALTEC SITE LOCATED ON WILDCAT ROAD, FRANKLIN BOROUGH, SUSSEX COUNTY, N.J. 07416. In this decree, the settling defendants will make a payment within 30 days of the entry of the decree and then pay in installments over the next five years to the federal government. The state will receive one payment within 30 days of the entry of the State's consent order in State Court. Other provisions in the Proposed Decree require Aerosystems to sell the Site within a year of entry of the proposed Decree with 90% of the net proceeds of the sale to be given to the federal government and the remaining 10% to the State. In addition, 60% of the net rents received by Aerosystems during the year in which it is attempting to sell the Site are to be shared by the federal government and the State of New Jersey in the same 90/10 split.

Defendants (4)

• TECHNOLOGY GENERAL CORPORATIONNamed in complaintNamed in settlement
• AEROSYSTEMS TECHNOLOGY CORPORATIONNamed in complaintNamed in settlement
• FLETCHER, CHARLES J.Named in complaintNamed in settlement
• METALTEC CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• METALTEC/AEROSYSTEMS

  WILDCAT & MAPLE ROADS, FRANKLIN, NJ, 07416

  Registry ID: 110060391268

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Aerosystems Technology Corp. et al.entered 2003-03-25

  Primary law: CERCLA

Timeline (5 milestones)

• 1988-09-30Referred To Dept Of Justice
• 1989-04-26Complaint Filed With Court
• 2002-12-10Final Order Lodged
• 2003-03-25Concluded
• 2003-03-25Final Order Entered