EPA v. ATLANTIC RESOURCES CORP

Case summary

THIS IS AN ACTION TO RECOVER PAST COSTS INCURRED BY EPA IN UNDERTAKING AND/OR FUNDING RESPONSE ACTIONS AT THE ATLANTIC RESOURCES CORP SITE, LOCATED IN SAYREVILLE, NEW JERSEY. THE RESPONSE ACTIONS WHICH HAVE BEEN FUNDED BY EPA AT THE SITE INCLUDE CONDUCT OF A PRELIMINARY INVESTIGATION AND REMOVAL ACTIVITIES INCLUDING SITE STABILIZING ACTIVITIES, CLEANING UP SPILLS, MONITORING AND SAMPLING, DRUM DISPOSAL, DISMANTLING OF STORAGE TANKS AND DISPOSAL OF HAZARDOUS SUB- STANCES. THE SITE IS NOT LISTED ON THE NATIONAL PRIORITIES LIST (NPL). NJDEP CURRENTLY HAS THE LEAD IN CONDUCTING THE RI/FS FOR THE SITE AND SEVERAL ADJACENT SITES. REIMBURSEMENT IS SOUGHT FROM FIVE GENERATOR PRPS WHO SENT HAZARDOUS SUBSTANCES TO THE SITE, AND FROM THREE OWNER- OPERATORS, INCLUDING ATLANTIC RESOURCES CORPORATION WHICH IS CURRENTLY IN CHAPTER 7 BANKRUPTCY. EPA SEEKS: (A) RECOVERY OF ALL COSTS WHICH HAVE BEEN IN- CURRED BY EPA IN CONNECTION WITH THE SITE, AS WELL AS PRE- JUDGMENT INTEREST; AND (B) A DECLARATORY JUDGMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY EPA IN CONNECTION WITH THE SITE. PURSUANT TO 42 U.S.C. SECTION 9607(A) EPA SENT NOTICE LETTERS TO THREE OF THE GENERATOR DEFENDANTS ON JAN. 9, 1987 AND ALL THREE DECLINED TO PARTICIPATE IN THE REMOVAL. EPA HAS ISSUED NOTICE AND DEMAND LETTERS TO ALL THE PROPOSED DEFENDANTS EXCEPT THE DEPARTMENT OF DEFENSE. ON 11/22/88, JACK KAPLAN GAVE TESTIMONY TO EPA PURSUANT TO AN ADMINIS- TRATIVE SUBPOENA. ON 2/16/89 A MEETING WITH 3M, CIBA-GEIGY, JACK KAPLAN'S ATTORNEY AND UNION CARBIDE WAS HELD FOR THE PURPOSE OF NEGOTIATING A SETTLEMENT. TO DATE, NO SETTLE- MENT HAS BEEN REACHED. * FACILITY NAME AND ADDRESS: ARC SITE (4.8 ACRES AT THE END OF HORSESHOE ROAD, IN SAYREVILLE, N.J. 08872 IN FINDS: ONE HORSESHOE ROAD, SAYREVILE, NJ 08872 SIC CODE: 3339 & 4953 EPID# NJD081994493

Defendants (12)

• ATLANTIC RESOURCES CORP
• CIBA-GEIGY CORPNamed in complaintNamed in settlement
• PERMACEL INCNamed in complaintNamed in settlement
• UNION CARBIDE CORP
• ADVANCED ENVIRON'L TECHNOLOGY (AETC)
• DEFENSE LOGISTICS AGENCY OF DOD
• GUTTERMAN IRON & METAL CORP
• KAPLAN, ETHEL
• KAPLAN, JACK
• MINNESOTA MINING & MFG AKA 3M CO 3M CORPNamed in complaintNamed in settlement
• RAGEN PRECISION INDUSTRIES INC
• REFINED ONYX (CHEVRON CHEMICAL)

Facilities (2)

• ATLANTIC RESOURCES CORPORATION

  1 HORSESHOE ROAD, SAYREVILLE, NJ, 08872

  Registry ID: 110001534475

• ATLANTIC RESOURCES CORPORATION

  1 HORSESHOE ROAD, SAYREVILLE, NJ, 08872

  Registry ID: 110001534475

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CIBA-GEIGY CORPORATIONentered 1992-05-06

  Primary law: CERCLA

Timeline (8 milestones)

• 1989-03-31Referred To Dept Of Justice
• 1989-03-31Referred TO U.S. Attorney
• 1989-04-01Enforcement Action Data Entered
• 1991-06-18Complaint Filed With Court
• 1992-05-06Final Order Lodged
• 1992-05-06Final Order Entered
• 1992-05-06Concluded
• 1994-02-28Enforcement Action Closed