EPA v. KDD REALTY CORP

Case summary

THIS IS A CIVIL ACTION TO RECOVER RESPONSE COSTS INCURRED BY THE U.S. RELATED TO A REMOVAL ACTION, REMEDIAL INVESTIG- ATIONS AND FEASIBILITY STUDIES FOR TWO OPERABLE UNITS, AND THE REMEDIAL DESIGN FOR OPERABLE UNIT ONE AT THE WALDICK AEROSPACE DEVICES SITE (THE SITE ), LOCATED IN WALL TOWNSHIP, MONMOUTH COUNTY, NEW JERSEY. THE ACTION ALSO SEEKS A DECLARATORY JUDGMENT FOR FUTURE COSTS TO BE INCURRED AT THE SITE. THE SITE, WHICH INCLUDES THE INACTIVE WALDICK AEROSPACE DEVICES, INC. ( WALDICK ) INDUSTRIAL FACILITY, WAS PLACED ON THE NATIONAL PRIORITIES LIST ( NPL ) IN JUNE 1986. EPA CONDUCTED A REMOVAL ACTION AT THE SITE BETWEEN 4/22/86, AND 8/2/86, DURING WHICH THE DRUMS AND CONTAINERS OF VARIOUS HAZARDOUS SUBSTANCES WERE SAMPLED, OVERPACKED AND REMOVED FROM THE SITE. ALL WERE DISPOSED AT A LICENSED OFF-SITE DISPOSAL FACILITY. BETWEEEN APRIL 1985, AND SEPTEMBER 1987, EPA CONDUCTED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) AT THE SITE. THE RESULTS INDICATED THAT TWO BUILDINGS ON THE SITE AND THE SOIL SURROUNDING THEM CONTAINED HAZARDOUS SUBSTANCES AND THAT FURTHER CHARACTERIZATION OF THE GROUNDWATER CON- TAMINATION WAS REQUIRED. BASED ON THIS RI/FS, EPA ISSUED A RECORD OF DECISION ( ROD ) FOR OPERABLE UNIT ONE ON 9/29/87. IN THIS ROD, EPA SELECTED S REMEDY FOR THE CON- TAMINATED SOURCE MATERIAL AT THE SITE. THE SELECTED REMEDY INVOLVES DECONTAMINATION OR DEMOLITION OF THE CON- TAMINATED BUILDINGS, AIR STRIPPING THE CONTAMINATED MATERIAL, AND EXCAVATING AND TRANSPORTING ANY RESIDUAL CON- TAMINATED MATERIAL TO A SECURE, OFF-SITE DISPOSAL FACILITY. FROM 1988 TO 1990, EPA CONDUCTED A SUPPLEMENTAL RI AT THE SITE. THE RESULTS INDICATED THAT GROUNDWATER CONTAMINATION BY THE HAZARDOUS SUBSTANCES DESCRIBED ABOVE HAS EXTENDED BEYOND THE PROPERTY WHERE THE WALDICK FACILITY WAS LOCATED. THE REMEDIAL DESIGN FOR OPERABLE UNIT ONE AT THE SITE BEGAN IN JANUARY, 1988, AND CONTINUES AT THIS TIME. AT THIS TIME, KDD REALTY CORP. ( KDD ), A NEW JERSEY CORPORATION AND SITE OWNER IS THE ONLY PROPOSED DEFENDANT. EPA SENT NOTICE LETTERS TO KDD IN APRIL, 1985, AND SEPT- EMBER, 1987. ON 4/25/89, EPA FILED A LIEN FOR THE PROPERTY WHERE WALDICK WAS LOCATED. NO DEMAND LETTER HAS BEEN SENT. ON 8/27/90 EPA SENT A LITIGATION REFERRAL TO DOJ FOR THE INITIATION OF A CIVIL ACTION PURSUANT TO CERCLA/107A AGAINST KDD. ON 9/28/90 U.S. DOJ FILED A COMPLAINT IN THE UNITED STATES DISTRICT COURT OF NEW JERSEY AGAINST KDD. ************************************************************ DOJ TRANSFER OF FUNDS REPORT SHOWS $44,500.00 ON 12/08/93 AND $1,335.00- ON 12/28/93.

Defendants (1)

• KDD REALTY CORPNamed in complaintNamed in settlement

Facilities (1)

• WALDICK AEROSPACE DEVICES INCORPORATED

  2121 ROUTE 35, WALL, NJ, 07719

  Registry ID: 110006079885

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• KDD REALTY CORPORATIONentered 1993-11-16

  Primary law: CERCLA

Timeline (7 milestones)

• 1990-08-01Enforcement Action Data Entered
• 1990-08-24Referred To Dept Of Justice
• 1990-09-28Complaint Filed With Court
• 1993-11-16Final Order Lodged
• 1993-11-16Final Order Entered
• 1993-11-16Concluded
• 1994-10-17Enforcement Action Closed