EPA v. ATOCHEM NORTH AMERICA, INC

Case summary

REQUEST FOR APPROVAL OF A CONSENT DECREE FOR REMEDIAL DESIGN AND REMEDIAL ACTION AT THE MYERS PROPERTY SUPERFUND SITE, FRANKLIN TOWNSHIP, HUNTERDON COUNTY, NEW JERSEY UNDER CERCLA 107A. ON 9/17/91, EPA REQUESTED THAT THE DEPARTMENT OF JUSTICE LODGE A JUDICIAL CONSENT DECREE PROVIDING FOR THE PERFORMANCE BY ATOCHEM NORTH AMERICAN, INC. (ATOCHEM), OF THE REMEDIAL DESIGN AND REMEDIAL ACTION (RD/RA) AT THE MYERS SITE. IN ADDITION TO IMPLEMENTING THE REMEDY SELECTED IN THE RECORD OF DECISION, THE CONSENT DECREE PROVIDES THAT THE SETTLING DEFENDANT WILL REIMBURSE THE UNITED STATES FOR PAST COSTS INCURRED BY EPA. SETTLING DEFENDANT SHALL REIMBURSE EPA FOR ALL FUTURE RESPONSE COSTS EXCEPT FOR THE FIRST EIGHT HUNDRED THOUSAND DOLLARS. EPA PLACED THE MYERS PROPERTY SITE ON THE NATIONAL PRIORITIES LIST ON 1983. IN MARCH 1989, EPA COMPLETED THE REMEDIAL INVESTIGATION (RI). THE RI DETERMINED THAT SOILS AT THE SITE CONTAINED A VARIETY OF ORGANIC AND INORGANIC CHEMICALS, INCLUDING CHLORINATED PESTICIDES (IN PARTICULAR, DDT AND ITS BREAKDOWN PRODUCTS (DDD AND DDE)), VOLATILE AND SEMI-VOLATILE ORGANIC COMPOUNDS AND INORGANIC COMPOUNDS. IT ALSO FOUND THAT THE GROUND WATER CONTAINED CHEMICALS SIMILAR TO THOSE IN THE SOIL AT THE SITE AND CHEMICALS USED IN THE MANUFACTURE OF DDT. SAMPLES FROM THE BUILDINGS ON THE SITE INDICATED THE PRESENCE OF DDT, DDD, DDE, HEXACHLOROBENZENE, AND METALS. A PREDECESSOR OF THE SETTLING DEFENDANT, THE PENNSYLVANIA SALT MANUFACTURING COMPANY, WAS AN OWNER AND/OR OPERATOR OF THE SITE PRODUCING DDT ON THE SITE FROM 1945 TO 1947.

Defendants (2)

• WITCO CORP
• ATOCHEM NORTH AMERICA, INCNamed in complaintNamed in settlement

Facilities (1)

• MYERS PROPERTY SITE

  9 LOWER KINGTOWN RD, FRANKLIN TWP, NJ, 08873

  Registry ID: 110004178194

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ATOCHEM NORTH AMERICA INC.entered 1992-05-12

  Primary law: CERCLA

Timeline (6 milestones)

• 1990-05-10Enforcement Action Data Entered
• 1991-09-17Referred To Dept Of Justice
• 1991-12-12Complaint Filed With Court
• 1992-05-12Final Order Lodged
• 1992-05-12Final Order Entered
• 1992-05-12Concluded