EPA v. USX CORPORATION

Case summary

CIVIL LITIGATION REFERRAL REGARDING THE TABERNACLE DRUM DUMP SITE, TABERNACLE, NEW JERSEY. COST RECOVERY ACTION- SECTION 107(A) OF CERCLA. THIS IS AN ACTION WHICH SEEKS RECOVERY OF PAST COSTS IN UNDERTAKING RESPONSE ACTIONS AT THE SITE. THE RESPONSE ACTIONS WHICH HAVE BEEN FUNDED BY EPA AT THE SITE INCLUDE THE PERFORMANCE OF THE RI/FS FOR THE SITE, ISSUANCE OF A RECORD OF DECISION AND OTHER ADMINISTRATIVE COSTS. EPA SEEKS RECOVERY OF ALL PASTS COSTS, INCLUDING INTEREST, WHICH HAVE BEEN INCURRED BY EPA IN CONNECTION WITH THE SITE. EPA HAS BEEN IN RECENT CONTACT WITH USX CORP. RELATIVE TO THE IMPLEMENTATION OF THE USX CONSENT DECREE. UNDER THIS DECREE, USX CORP. IS PERFORMING THE RD/RA FOR THE SITE. A DEMAND LETTER WAS ISSUED IN JANUARY 1990, WHICH USX CORP. RESPONDED TO IN FEB. 1990. EPA HAS NOT BEEN IN CONTACT WITH ATLANTIC DISPOSAL SERVICE, INC. SINCE 1988. AS RECENTLY AS JAN. 1990, EPA ISSUED A DEMAND LETTER WHICH ATLANTIC DISPOSAL SERVICE, INC. HAS NOT RESPONDED TO. THE SIGNIFICANCE OF THIS ACTION IS TWOFOLD: 1) REPLENISH- MENT OF THE FUND FOR USE AT OTHER SITES AND 2) REINFORCES THE GOV'TS POLICY OF AGGRESSIVELY PURSUING AN ACTION TO RE- COVER PAST COSTS AND INTEREST ACCRUED. SITE: TABERNACLE DRUM DUMP SITE, TABERNACLE, NJ (02-A4) EPID# NJD980761357 SETTLING PARTIES SUBMITTED $1,170,000 AS REQUIRED UNDER THE CD 3Q95: 4Q95 THEY PAID THE INTEREST. 4Q96: REASSIGNED TO RICHARD HO REGION II PROGRAM CONTACT. * REASSIGNED DOJ ATTY FROM H. FRIEDMAN TO ALEX BEEHLER AND HQ ATTY FROM K. BACKER TO D. DOWTON. * REASSIGNED DOJ ATTY FR A. BEEHLER TO - K. LONG * COMMENTS BELONG TO OTHER CASE TOO SEE CASE # 02-1989-0243 *

Defendants (10)

• A.C. REALTYNamed in complaintNamed in settlement
• ATLANTIC DISPOSALNamed in complaintNamed in settlement
• ATTWOODS, INCNamed in complaintNamed in settlement
• CARITE, AVE MARIA AS EXES, CHARLES CARITNamed in complaintNamed in settlement
• CHURCHDALE LEASING, INCNamed in complaintNamed in settlement
• EASTERN SOLID WASTE EQUIPMENT CONamed in complaintNamed in settlement
• MINER, STEPHEN AS EXE OF CHARLES CARITENamed in complaintNamed in settlement
• PAUL C. MURPHY, INCNamed in complaintNamed in settlement
• USX CORPORATIONNamed in complaintNamed in settlement
• WHITE, ALVINNamed in complaintNamed in settlement

Facilities (1)

• TABERNACLE DRUM DUMP

  RD3, CARRANZA ROAD, TABERNACLE, NJ, 08088

  Registry ID: 110009300229

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• USX CORPORATION ET ALentered 1994-10-20

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-03-29Enforcement Action Data Entered
• 1990-03-30Referred To Dept Of Justice
• 1990-08-03Complaint Filed With Court
• 1994-08-28Final Order Lodged
• 1994-10-20Final Order Entered
• 1994-10-20Concluded
• 1997-12-31Enforcement Action Closed