EPA v. MERCK & CO INC (CHEMICAL CONTROL SITE)

Case summary

SUPPORT ONGOING NEGOTIATIONS WITH RESPECT TO THE CHEMICAL CONTROL SUPERFUND SITE, A CERCLA NATIONAL PRIORITIES LIST SITE LOCATED IN ELIZABETH, NJ. THE SITE IS A DEFUNCT CHEMICAL WASTE TREATMENT AND DISPOSAL FACILITY OPERATED BY THE CHEMICAL CONTROL CORPORATION FROM 1970 UNTIL 1978. THE FACILITY WAS RAVAGED BY FIRE AND EXPLOSION IN 1980, WHICH RESULTED IN THE RELEASE OF HAZARDOUS SUBSTANCES INTO THE ENVIRONMENT AND CREATED THE CONTAMI- NATED SOIL AND GROUNDWATER CONDITIONS PRESENTLY AT THE SITE. EPA HAS PERFORMED A REMEDIAL INVESTIGATION AND A FEASIBILITY STUDY AND CHOSE AN APPROPRIATE REMEDIAL ALTERNATIVE IN A ROD IN 1987. REPS FROM EPA REGION II AND DOJ HAVE INITIATED ONGOING NEGOTIATIONS WITH PRPS FOR PERFORMANCE OF THE RD/RA AND REIMBURSEMENT FOR PAST FEDERAL EXPENDITURES AT THE SITE. APPROXIMATELY 90% OF THE 276 PRPS WOULD BE ELIGIBLE TO PARTICIPATE IN A DE MINIMIS SETTLEMENT. ON 10/23/90, THE CONSENT DECREE EMBODYING THE SETTLEMENT WAS LODGED WITH THE UNITED STATES DISTRICT COURT OF NEW JERSEY. PRIOR TO THAT ON 9/21 FILED COMPLAINTS AGAINST THE SETTLING PRPS AND EIGHT NON-SETTLING PRPS. CONSENT DECREE AND AMENDMENT HAS BEEN ENTERED CD#02-92-C007

Defendants (160)

• MOBIL OIL CORPORATIONNamed in complaintNamed in settlement
• OCCIDENTAL CHEMICAL CORPORATIONNamed in complaintNamed in settlement
• PENICK CORPORATIONNamed in complaintNamed in settlement
• RADIAC RESEARCH CORPORATIONNamed in complaintNamed in settlement
• UNION CARBIDE CORPORATIONNamed in complaintNamed in settlement
• BASF CORPORATIONNamed in complaintNamed in settlement
• GENERAL ELECTRIC COMPANYNamed in complaintNamed in settlement
• INTERNATIONAL PAPER CONamed in complaintNamed in settlement
• MALLINCKRODT, INC.Named in complaintNamed in settlement
• BEROL CORPORATIONNamed in complaintNamed in settlement
• BIG THREE INDUSTRIES, INCNamed in complaintNamed in settlement
• BORDEN, INC.Named in complaintNamed in settlement
• BRIDGESTONE/FIRESTONE, INC.Named in complaintNamed in settlement
• BRISTOL-MEYERS PRODUCTSNamed in complaintNamed in settlement
• BROWING FERRIS INDUSTRIES CHEMICAL SER.Named in complaintNamed in settlement
• C.R. GIBSON COMPANYNamed in complaintNamed in settlement
• COLLOIDS INC.Named in complaintNamed in settlement
• CONGOLEUM CORPORATIONNamed in complaintNamed in settlement
• CONSOLIDATED FREIGHTWAYS CORPORATIONNamed in complaintNamed in settlement
• CONTROLOTRON CORPORATIONNamed in complaintNamed in settlement
• COSMAIR, INC.Named in complaintNamed in settlement
• CUNO INCORPORATEDNamed in complaintNamed in settlement
• CUSTOM DISPOSALNamed in complaintNamed in settlement
• HALOCARBON PRODUCTS CORPORATIONNamed in complaintNamed in settlement
• HATCO CORPORATIONNamed in complaintNamed in settlement
• …and 135 more

Facilities (1)

• CHEMICAL CONTROL

  23 SOUTH FRONT ST, ELIZABETH, NJ, 07202

  Registry ID: 110009299286

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• ADVANCED ENVIRONMENTAL TECH.entered 1991-10-29

  Primary law: CERCLA

• ADVANCED ENVIRONMENTAL TECH 2entered 1994-05-04

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-09-29Enforcement Action Data Entered
• 1989-09-29PRN Sent
• 1990-09-07Referred To Dept Of Justice
• 1990-09-21Complaint Filed With Court
• 1994-05-04Concluded
• 1994-05-04Final Order Lodged
• 1994-05-04Final Order Entered