EPA v. UNION CARBIDE CHEMICALS & PLASTICS CO INC (REICH FARM)

Case summary

THE REICH FARM SITE IS LOCATED IN DOVER TWSHP, OCEAN CNTY, NEW JERSEY. THE WESTERN PORTION OF THE REICH PROPERTY, WHICH IS ADJACENT TO U.S. ROUTE 9, CONTAINS FIVE BUILDINGS WHICH ARE RENTED TO COMMERCIAL BUSINESSES. THE EASTERN PART OF THE PROPERTY IS HEAVILY WOODED. THE DISPOSAL OF HAZARDOUS SUBSTANCES, WHICH RESULTED IN THE CONTAMINATION OF THE SITE, OCCURRED IN THE CENTRAL AREA OF THE PROPERTY WHICH IS PRESENTLY ADJACENT TO A COMMERCIAL BUSINESS. SPECIFICALLY, IN AUGUST 1971, THIS PORTION OF THE PROPERTY WAS RENTED TO NICHOLAS FERNICOLA FOR TEMPORARY STORAGE OF USED 55-GALLON DRUMS. HE HAD BEEN CONTRACTED BY THE UNION CARBIDE CORP. (UCC) TO REMOVE AND DISPOSE OF DRUMS FROM ITS BOUND BROOK PRODUCTION FACILITY. IN DEC, 1971, APPX 4500 DRUMS CONTAINING WASTES AND 450 EMPTY DRUMS WERE DISCOVERED ON THE REICH PROPERTY THAT WAS RENTED TO MR. FERNICOLA. THE DRUMS WERE IDENTIFIED BY UCC AS THOSE THAT MR. FERNICOLA HAD REMOVED FROM THE BOUND BROOK PLANT. IN 1972 AND 1974, UCC REMOVED THE DRUMS AND SOME CONTAMINATED SOIL FROM THE SITE. IN 1988, EPA COMPLETED A FUND-FINANCED RI/FS FOR THE SITE AND A ROD WAS SIGNED BY THE RA. UCC HAS SINCE PRESENTED A GOOD FAITH OFFER TO PERFORM THE RD/RA PURSUANT TO THE TERMS OF THE ROD, AND THE U.S. HAS BEEN NEGOTIATING FOR ITS IMPLEMENTATION. THE RESULT IS THE CONSENT DECREE AND STATEMENT OF WORK FOR THE RD/RA. THE U.S. ALSO NEGOTIATED WITH THE REICH FARM PROPERTY OWNERS FOR UNFETTERED SITE ACCESS TO ALLOW THE IMPLEMENTATION OF THE RD/RA, RESULTING IN THE CONSENT DECREE FOR SITE ACCESS.

Defendants (5)

• FERNICOLA, NICHOLAS
• REICH, BERTHANamed in complaintNamed in settlement
• REICH, SAMUELNamed in complaintNamed in settlement
• SINGER, ROSENamed in complaintNamed in settlement
• UNION CARBIDE CHEMICALS & PLASTICS CONamed in complaintNamed in settlement

Facilities (1)

• REICH FARM SUPERFUND SITE

  1579 LAKEWOOD ROAD ROUTE 9, TOMS RIVER, NJ, 08753

  Registry ID: 110006818060

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• UNION CARBIDE/REICH, & SINGERentered 1990-03-12

  Primary law: CERCLA

• UNION CARBIDE CHEM & PLASTICSentered 1990-03-12

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29Referred To Dept Of Justice
• 1989-12-18Complaint Filed With Court
• 1990-03-12Final Order Lodged
• 1990-03-12Final Order Entered
• 1990-03-12Concluded