EPA v. ARMSTRONG WORLD INDUSTRIES INC ET AL

Case summary

THIS IS AN ACTION TO RECOVER PAST COSTS AND OBTAIN DECLAR- ATORY RELIEF CONCERNING FUTURE COSTS INCURRED BY EPA IN UNDR TAKING RESPOSNE SCTIONS AT THE LONE PINE LANDFILL SUPERFUND SITE LOCATED IN FREEHOLD TWP, MONMOUTH COUNTY, NJ. THE RESPONSE ACTIONS WHICH HAVE BEEN FUNDED BY EPA AT THE SITE INCLUDE A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY ( RI/ FS ) AND A REMEDIAL DESIGN ( RD ). THE SITE RANKS FIFTEENTH ON THE NPL. A RECORD OF DECISION ( ROD ) FOR THE SITE WAS ISSUED ON SEPTEMBER 28, 1984. THE REMEDIAL ACTION WILL BE UNDERTAKEN BY 116 PRPS PURSUANT TO A CONSENT DECREE, LODGED ON AUGUST 25, 1989. THE PROPOSED DEFENDANTS DID NOT PARTICIPATE IN THE SETTLEMENT FOR REMEDIAL ACTION. EPA SEEKS: (A) RECOVERY OF ALL COSTS WHICH HAVE BEEN IN- CURRED BY EPA IN CONNECTION WITH THE SITE, AND (B) A DECLAR- ATORY JUDGMENT AS TO THE DEFENDANTS' LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY EPA IN CONNECTION WITH THE SITE. THE MAJORITY OF THE DEFENDANTS WERE NOTICED SEVERAL TIMES BETWEEN 1984 AND 1988. DEMAND LETTERS FOR THE PAST COSTS WERE SENT ON AUGUST 24, 1989. NONE OF THE PROPOSED DEFEND- ANTS RESPONDED FULLY TO EPA'S DEMANDS, ALTHOUGH A PARTIAL SETTLEMENT OFFER FROM TWENTY PRPS, INCLUDING 19 OF THE PROPOSED DEFENDANTS, WAS RECEIVED ON SEPTEMBER 18, 1989. * STATUTE OF LIMITATIONS SINCE THE RI/FS IS A PRE-SARA RESPONSE ACTION, THE OCTOBER 17, 1986 DATE IS THE KEY MILESTONE FROM WHICH TO MEASURE THE EFFECT OF SECTION 113(G)(2), WHICH IMPOSES A THREE YEAR STATUTE OF LIMITATIONS. CONSEQUENTLY, THIS REFERRAL SHOULD BE FILED NO LATER THAN OCTOBER 17, 1989. * FACILITY NAME: LONE PINE LF BURK ROAD FREEHOLD, NJ 07728 OWNERSHIP: P SIC CODE: 4953 EPID# NJD980505424

Defendants (23)

• NL INDUSTRIES INCNamed in complaintNamed in settlement
• PFIZER INCNamed in complaintNamed in settlement
• SCHENECTADY CHEMICALS INCNamed in complaintNamed in settlement
• UNION CARBIDE CORPNamed in complaintNamed in settlement
• HOECHST CELANESE CORPNamed in complaintNamed in settlement
• TENAX FINISHING PRODUCTS CO INCNamed in complaintNamed in settlement
• TRANSFER PRINT FOILS INCNamed in complaintNamed in settlement
• UNITED TECHNOLOGIES CORPNamed in complaintNamed in settlement
• RCA CORPNamed in complaintNamed in settlement
• ROHM & HAAS CO INCNamed in complaintNamed in settlement
• ARMSTRONG WORLD INDUSTRIES INCNamed in complaintNamed in settlement
• ASHLAND OIL INCNamed in complaintNamed in settlement
• AT & T TECHNOLOGIES INCNamed in complaintNamed in settlement
• CHEVRON CORP/CHEVRON U.S.A INCNamed in complaintNamed in settlement
• E.I. DUPONT DE NEMOURS & COMPANY INCNamed in complaintNamed in settlement
• FREEHOLD CARTAGE INCNamed in complaintNamed in settlement
• GAF CORPNamed in complaintNamed in settlement
• GANES CHEMICALS INCNamed in complaintNamed in settlement
• GENERAL ELECTRIC CO INCNamed in complaintNamed in settlement
• GRUMMAN AEROSPACE CORPNamed in complaintNamed in settlement
• IBMNamed in complaintNamed in settlement
• LONE PINE CORPNamed in complaintNamed in settlement
• MATLACK INCNamed in complaintNamed in settlement

Facilities (1)

• LONE PINE LANDFILL

  100 BURKE ROAD, FREEHOLD, NJ, 077287011

  Registry ID: 110000803239

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ARMSTRONG WORLD INDUSTRIESentered 1992-02-18

  Primary law: CERCLA

Timeline (7 milestones)

• 1989-09-26Enforcement Action Data Entered
• 1989-09-26Referred To Dept Of Justice
• 1989-10-13Complaint Filed With Court
• 1992-02-18Final Order Lodged
• 1992-02-18Final Order Entered
• 1992-02-18Concluded
• 1994-03-31Enforcement Action Closed