EPA v. D'IMPERIO

Case summary

THE UNITED STATES, ON BEHALF OF THE U.S. E.P.A INTENDS TO FILE A COMPLAINT IN THIS MATTER PURSUANT TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,COMPENSATION, AND LIABILITY ACT, 42 U.S.C. SECTION 9601. IN 1968 DR. FRANCESCO D'IMPERIO AND ANTOINETTE D'IMPERIO, HIS WIFE ACQUIRED THE APPROX. 30-ACRE REAL PROPERTY IN HAMILTON TOWNSHIP, NEW JERSEY WHICH IS NOW THE D'IMPERIO PROPERTY SUPERFUND SITE. THE PROPERTY WAS HELD BY DIAMOND D. ENTERPRISES, INC A NEW JERSEY CORPORATION, WHICH WAS WHOLLY OWNED BY DR. D'IMPERIO AND HIS WIFE. IN 1975,DIAMOND D. ENTERPRISES CONVEYED A 40% INTEREST IN THE PROPERTY TO DR. D'IMPERIO, A 40% INTEREST TO HIS WIFE, AND A 20% INTEREST TO HIS SON, QUINTON D'IMPERIO. IN 1976, AFTER THE DEATH OF ANTOINETTE D'IMPERIO, DR. D'IMPERIO BECAME AN 80% OWNER OF THE PROPERTY, WHILE QUINTON KEPT HIS 20% OWNERSHIP. DURING THE MID 1970S AT LEAST ONE HAULER, LIGHTMAN DRUM CO, DISPOSED OF WASTE MATERIAL AT THE PROPERTY. IN 1977 THE ATLANTIC COUNTY PUBLIC HEALTH DEPARTMENT LEARNED OF THE ILLEGAL DISPOSAL SITE BEHIND THE MOTEL DENNIS AND INFORMED THE NEW JERSEY DEPT. OF ENVIRONMENTAL PROTECTION. EPA WAS NOTIFIED OF THE DUMPSITE IN 1981. EPA NOTIFIED DR. D'IMPERIO THAT HE MAY BE A POTENTIALLY RESPONSIBLE PART ON 3/18/82. QUINTON D'IMPERIO WAS NOTIFIED OF HIS STATUS ON 12/11/89. EPA PLACED THE SITE ON THE NATIONAL PRIORITIES LIST ON 9/1/83. EPA COMPLETED THE RI/FS FOR THE SITE IN FEBRUARY 1985. THE DECISION BY EPA ON THE REMEDIAL ACTION TO BE IMPLEMENTED AT THE SITE IS EMBODIED IN A FINAL RECORD OF DECISION, EXECUTED ON MARCH 27, 1985. THE ROD INCLUDES A DISCUSSION OF EPA'S REASONS FOR THE REMEDIAL ACTION AND A RESPONSIVENESS SUMMARY TO THE PUBLIC COMMENTS. IN APRIL 1987, SETTLING DEFENDANTS SUBDIVIDED THE PROPERTY INTO TWO PARCELS. REMEDIAL WORK AT THE SITE STARTED IN NOVEMBER, 1986. THE SURFACE CONTAMINATED SOIL, WASTE AND DRUMS WERE REMOVED FROM THE SITE BY MID JANUARY, 1987 AND THE EXCAVATION AREA WAS BACKFILLED WITH CLEAN SOIL. THE REMEDIAL DESIGN FOR GROUNDWATER TREATMENT IS CURRENTLY UNDERWAY. THE BACKFILLED AREA WILL NOT BE CAPPED UNTIL THE DESIGN FOR THE GROUNDWATER REMEDIATION IS COMPLETED.

Defendants (2)

• D'IMPERIO, FRANCESCO_DR.Named in complaintNamed in settlement
• D'IMPERIO, QUINTONNamed in complaintNamed in settlement

Facilities (1)

• D'IMPERIO PROPERTY

  RTE 322, HAMILTON TOWNSHIP, NJ, 08330

  Registry ID: 110022861198

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• D'IMPERIO, FRANCESCO DR.entered 1996-05-09

  Primary law: CERCLA

Timeline (8 milestones)

• 1992-09-01Enforcement Action Data Entered
• 1992-09-25PRN Sent
• 1993-11-02Referred To Dept Of Justice
• 1993-12-08Complaint Filed With Court
• 1996-05-09Final Order Lodged
• 1996-05-09Final Order Entered
• 1996-05-09Concluded
• 1999-02-25Enforcement Action Closed