EPA v. WHITE CHEMICAL CORP

Case summary

WHITE CHEMICAL CORP. HAS BEEN IN CHAPTER 11 BANKRUPTCY SINCE SEPTEMBER, 1988. WHITE CHEMICAL CORP. OPERATES A CHEMICAL MANUFACTURING BUSINESS IN NEWARK, N.J. OVER 9000 IMPROPERLY STORED, RUPTURED AND/OR LEAKING DRUMS OF HAZARDOUS SUBSTANCES ARE ON SITE. AMONG THESE ARE EXTREMELY DANGEROUS AND VOLATILE CHEMICALS. ASTDR CONCLUDED THAT THE SITE PRESENTS A SERIOUS RISK, AND THE REGION DETERMINED THAT THE SITE PRESENTS A THREAT TO HUMAN HEALTH, WELFARE AND THE ENVIRONMENT. EPA REGION II DETERMINED THAT A REMOVAL ACTION SHOULD BE CARRIED OUT TO SECURE THE SITE AND MINIMIZE THESE RISKS. ON 9/28/90, THE REGION ISSUED AN ADMINISTRATIVE ORDER TO THE PROPOSED DEFENDANTS REQUIRING THAT ALL CHEMICAL MANU- FACTURING WORK OR OTHER ACTIVITIES AT THE FACILITY BE STOPPED AND THAT ALL PERSONNEL BE COMPLETELY EVACUATED FROM THE FACILITY IMMEDIATELY. THE ORDER ALSO REQUIRES AP- PROPRIATE SITE ACCESS FOR EPA AND ITS CONTRACTORS. THE ORDER, BY ITS TERMS, BECAME EFFECTIVE ON 10/2/90. ON 9/28/90, WE HAD REASON TO BELIEVE THAT THE ORDER WOULD NOT BE COMPILED WITH, SO A TELEPHONE REFERRAL OF THIS MATTER WAS MADE TO THE DOJ AND THE U.S. ATTORNEY'S OFFICE; EPA HEADQUARTERS WAS ALSO NOTIFIED. ON 10/1/90 IT BECAME CLEAR THAT THERE WOULD, INDEED, BE NO COMPLIANCE WITH THE AD- MINISTRATIVE ORDER. THE REGION IS REQUESTING THAT A TEMP- ORARY RESTRAINING ORDER BE SOUGHT AS SOON AS POSSIBLE RE- QUIRING THE DEFENDANTS TO COMPLY WITH THE TERMS OF THE ADMINISTRATIVE ORDER. ON 10/4/90, SHORTLY AFTER EPA ISSUED A UNILATERAL ADMIN- ISTRATIVE ORDER TO THE PROPOSED DEFENDANTS, PROPOSED DE- FENDANTS' COUNSEL SCHEDULED A HEARING IN BANKRUPTCY COURT SEEKING ENTRY OF A COURT ORDER ENJOINING EPA FROM ENFORCING ITS ADMINISTRATIVE ORDER. AT THE HEARING ON 10/4/90, THE BANKRUPTCY JUDGE, DANIEL J. MOORE, UPHELD THE ENFORCEMENT OF EPA'S ADMINISTRATIVE ORDER, PENDING EPA'S ENFORCEMENT OF THE ADMINISTRATIVE ORDER IN FEDERAL DISTRICT COURT. ON 10/8/90, EPA FILED A COMPLAINT IN FEDERAL DISTRICT COURT AGAINST THE LANDOWNER, AZS CORPORATION, AND OPERATORS, WHITE CHEMICAL CORP. AND JAMES WHITE SEEKING ENFORCEMENT OF EPA'S ADMINISTRATIVE ORDER, SEEKING PENALTIES FOR NONCOM- PLIANCE AND LITIGATION COSTS. ON OCT. 9,1990 THE FEDERAL DISTRICT COURT ENTERED A TEMPORARY RESTRAINING ORDER AGAINST THE DEFENDANTS PENDING A HEARING ON OCT. 22, 1990. ON 10/22/90, A FEDERAL DISTRICT COURT JUDGE, MARY ANN TRUMP BARRY UPHELD THE BANKRUPTCY COURT'S RULING AND GRANTED EPA'S REQUEST FOR A PRELIMINARY INJUNCTION WHICH GIVES EPA EXCLUSIVE ACCESS TO THE SITE FOR THE DURATION OF THE REMOVAL ACTION, AND PROHIBITS THE DEFENDANTS WHITE CHEMICAL CORP., JAMES WHITE AND AZS CORP. FROM RE-ENTERING THE SITE WITHOUT A PRIOR WRITTEN REQUEST AND WRITTEN PERMISSION FROM EPA. * FACILITY ADDRESS: 660 FRELINGHUYSEN AVENUE NEWARK, NJ OWNERSHIP: PRIVATE 08/31/93: THE DEPT OF JUSTICE ADVISED THE COURT ON 07/28/93 THAT EPA ISSUED A CERTIFICATION OF COMPLETION ON 07/29/93 WHICH ACKNOWLEDGES AND CERTIFIES THAT THE PERFORMING PARTIES HAVE COMPLETED THE REPONSE ACTION REQUIRED BY A UNILATERAL ADMINISTRATIVE ORDER ISSUED 03/31/92. BY ITS TERMS THE CONSENT DECREE TERMINATED ON 08/30/93.

Defendants (3)

• AZS CORPORATIONNamed in complaintNamed in settlement
• WHITE CHEMICAL CORPNamed in complaintNamed in settlement
• WHITE, JAMESNamed in complaintNamed in settlement

Facilities (1)

• WHITE CHEMICAL CORPORATION

  660 FRELINGHUYSEN AVENUE, NEWARK, NJ, 07114

  Registry ID: 110001530987

Statutes cited

• CERCLA 104E5A — Superfund
• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• WHITE CHEMICAL CORPORATIONentered 1991-12-20

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-09-28Enforcement Action Data Entered
• 1990-09-28Referred To Dept Of Justice
• 1990-10-08Complaint Filed With Court
• 1991-12-20Final Order Lodged
• 1991-12-20Final Order Entered
• 1991-12-20Concluded
• 1993-08-30Enforcement Action Closed