EPA v. BLOCK, FRANCIS

Case summary

THIS CIVIL LITIGATION REFERRAL REQUESTS THE INITIATION OF A CIVIL ACTION UNDER SECTION 104(E) OF CERCLA, 42 U.S.C. SECTION 9604(E). ON SEPTEMBER 3, 1986, FRANCIS BLOCK, IN CARE OF A & B DRUM CO, RECEIVED AN AUTHORIZED REQUEST FOR INFORMATION FROM EPA CONCERNING THE DISPOSAL OF HAZARDOUS SUBSTANCES AT THE EWAN PROPERTY SITE IN SHAMONG TWP, NJ. HE ALSO RECEIVE 2 FOLLOW- UP LETTERS. MR. BLOCK NEVER RESPONDED TO THESE LETTERS AND DID NOT PROVIDE THE REQUESTED INFORMATION. ON DECEMBER 10, 1986, A & B DRUM CO., RECEIVED THE SAME. A & B DRUM COMPANY NEVER RESPONDED TO THESE LETTERS AND DID NOT PROVIDE THE REQUESTED INFORMATION. EPA SEEKS AN ORDER UNDER SECTION 104(E)(5) OF CERCLA, RE- QUIRING THE DEFENDANTS TO PROVIDE THE INFORMATION REQUESTED BY EPA. IT ALSO SEEKS PENALTIES FOR THE DEFENDANTS' FAILURE TO PROVIDE THE REQUESTED INFORMATION IN VIOLATION OF SECTION 104(E)(1) AND (2). SIGNIFICANT NATIONAL ISSUES: EPA HAS BEGUN A NATIONWIDE INITIATIVE TO ENFORCE ITS REQUESTS FOR INFORMATION AND DOCUMENTS AS AUTHORIZED BY SECTION 104(E) OF CERCLA. WE HAVE PROVIDED A GROUP OF CASES TO BEGIN REGION II'S EFFORT TO PARTICIPATE IN THIS INITIA- TIVE AND VINDICATE EPA'S AUTHORITY TO OBTAIN INFORMATION NEEDED TO CLEAN UP THE SUPERFUND SITES. * COMPANY ADDRESS: A & B DRUM COMPANY R.D. #4 BOX 327 SEWELL, NEW JERSEY 08080 * FACILITY NAME AND ADDRESS: EWAN PROPERTY SITE TUCKERTON ROAD SHAMONG TWP, NJ 08088 OWNERSHIP: PRIVATE SIC CODE: 4953 EPID# NJD980761365

Defendants (2)

• A & B DRUM COMPANYNamed in complaintNamed in settlement
• BLOCK, FRANCIS MR.Named in complaintNamed in settlement

Facilities (1)

• EWAN PROPEERTY SITE

  TUCKERTON ROAD, SHAMONG, NJ, 08088

  Registry ID: 110006532216

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (1)

• BLOCK, FRANCIS & A&B DRUM COentered 1991-03-20

  Primary law: CERCLA

  Federal penalty: $45,000

Timeline (8 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29Referred To Headquarters
• 1989-10-15Referred To Dept Of Justice
• 1990-01-22Complaint Filed With Court
• 1991-03-20Final Order Lodged
• 1991-03-20Final Order Entered
• 1991-03-20Concluded
• 1991-04-29Enforcement Action Closed