EPA v. LIGHTMAN, JEROME

Case summary

THIS IS AN ACTION TO RECOVER PAST COSTS INCURRED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN UNDERTAKING RESPONSE ACTIONS AT THE D'IMPERIO PROPERTY SUPERFUND SITE IN HAMILTON TOWNSHIP, ATLANTIC COUNTY, NEW JERSEY. THE RESPONSE ACTIONS WHICH EPA HAS FUNDED AT THE SITE INCLUDE THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY, THE REMEDIAL DESIGN, AND PART OF THE REMEDIAL ACTION (EXCAVA- TION AND DISPOSAL OF BURIED DRUMS AND CONTAMINATED SOILS). THE SITE WAS LISTED ON THE NATIONAL PRIORITIES LIST IN SEPTEMBER 1983. EPA ISSUED A RECORD OF DECISION ON MARCH 27, 1985. IN 1987, EPA EXCAVATED AND DISPOSED BURIED DRUMS AND CONTAMINATED SOILS OFF-SITE. EPA COMPLETED THE REMEDIAL DESIGN FOR THE GROUND WATER REMEDIATION IN SEPTEMBER 1992. EPA SEEKS: A) RECOVERY OF ALL COSTS WHICH HAVE BEEN INCURRED BY EPA IN CONNECTION WITH THE SITE, AND B) A DECLARATORY JUDGMENT AS TO PROPOSED DEFENDANT'S LIABILITY FOR FUTURE EXPENSES TO BE INCURRED BY EPA IN CONNECTION WITH THE SITE. EPA NOTIFIED PROPOSED DEFENDANTS OF THEIR STATUS AS POTENTIALLY RESPONSIBLE PARTIES FOR THE SITE IN MARCH 1992. IN THE NOTICE LETTERS, EPA AFFORDED RESPONDENTS AN OPPORTUNITY TO CONDUCT OR FINANCE THE REMEDIAL ACTION. RESPONDENTS DID NOT PRESENT GOOD FAITH OFFER TO EPA TO CONDUCT OR FINANCE THE REMEDIAL ACTION. FACILITY: DIMPERIO PROPERTY, RTE 322 & COLOGNE AVE, CITY & STATE: HAMILTON TOWNSHIP, NJ 08330 * 09/30/92 - REFERRED TO DOJ 11/04/93 - COMPLAINT FILED 10/05/98 - CD LODGED - FED REG. NOTICE 10/15/98. 09/01/99 - PARTIAL CD ENTERED BY THE COURT * 01/08/01 - PARTIAL CD LODGED W/ THE COURT * 03/07/01 - CD ENTERED BY THE COURT

Defendants (13)

• ALUMINUM SHAPES INCNamed in complaintNamed in settlement
• LIGHTMAN DRUM CO INCNamed in complaintNamed in settlement
• UNION CARBIDE CORPNamed in complaintNamed in settlement
• COLONIAL HEIGHTS PACKAGING INCNamed in complaintNamed in settlement
• CONTINENTAL HOLDINGS INCNamed in complaintNamed in settlement
• CRODA INKS CORPNamed in complaintNamed in settlement
• DAP PRODUCTS INCNamed in complaintNamed in settlement
• LIGHTMAN, JEROMENamed in complaintNamed in settlement
• SCOTT PAPER CONamed in complaintNamed in settlement
• SONOCO PRODUCTS CONamed in complaintNamed in settlement
• STEPAN CONamed in complaintNamed in settlement
• USG CORPNamed in complaintNamed in settlement
• USX CORPNamed in complaintNamed in settlement

Facilities (3)

• EWAN PROPEERTY SITE

  TUCKERTON ROAD, SHAMONG, NJ, 08088

  Registry ID: 110006532216

• D'IMPERIO PROPERTY

  RTE 322, HAMILTON TOWNSHIP, NJ, 08330

  Registry ID: 110022861198

• DUANE MARINE CORPORATION

  26 WASHINGTON ST, PERTH AMBOY, NJ, 088613510

  Registry ID: 110004156519

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• LIGHTMAN ET ALentered 1999-09-01

  Primary law: CERCLA

• LIGHTMAN, JEROME & LIGHTMAN DRUM COMPANYentered 2001-03-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1992-03-01Enforcement Action Data Entered
• 1992-09-30Referred To Dept Of Justice
• 1993-11-04Complaint Filed With Court
• 2001-01-08Final Order Lodged
• 2001-03-07Final Order Entered
• 2001-03-07Concluded
• 2003-10-22Enforcement Action Closed