EPA v. CHAMPION CHEMICAL COMPANY et al. (Imperial)

Case summary

EPA REGION II SEEKS TO RECOVER MONIES SPENT AT THE IMPERIAL OIL CO.,INC./CHAMPION CHEMICAL SUPERFUND SITE LOCATED IN MARLBORO TOWNSHIP, MONMOUTH COUNTY, NEW JERSEY. THE REPONSE COSTS INCURRED BY EPA INCLUDE A REMEDIAL INVESTIGATION, TWO FEASIBILITY STUDIES AND FOUR REMOVAL ACTIONS. IN ADDITION, PENALTIES FOR VIOLATION OF TWO UNILATERAL ADMINISTRATIVE ORDERS AND A DECLARATORY JUDGMENT FOR FUTURE COSTS WILL ALSO BE SOUGHT. CONTAMINATION AT THE SITE INCLUDES PCBS, ARSENIC, LEAD AND CHROMIUM WHICH IS FOUND IN THE SOILS, SEDIMENT AND GROUNDWATER. THERE ARE FOUR PRPS AT THE SITE THAT INCLUDE THREE OWNERS AND AN OPERATOR. The 2010 CD is a settlement of an action to enforce violations of a 2001 CD in which the Defendants failed to pay the cash amounts required in the 2001 CD. This 2010 CD supersedes the 2001 CD and the Court Order issued regarding the Defendant in their entirety. Settling Defendants shall pay response costs and provide EPA with the net proceeds from 1) any insurance recoveries and 2) the sale of the property. This CD, entered on September 14, 2010, resolves this action, EA# 02-2007-0007 and EA# 02-2007-0010.

Defendants (6)

• CHAMPION CHEMICAL COMPANYNamed in complaintNamed in settlement
• IMPERIAL OIL CO INC (SB).Named in complaintNamed in settlement
• J & M LAND COMPANY
• JERSEY CENTRAL POWER AND LIGHT COMPANY
• STEVENS, EMILNamed in settlement
• STEVENS, JUNENamed in settlement

Facilities (1)

• IMPERIAL OIL COMP INC

  48 ORCHARD PL, MORGANVILLE, NJ, 07751

  Registry ID: 110006706225

Statutes cited

• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• CHAMPION CHEMICAL CO, IMPERIAL OIL, E. STEVENS & Jentered 2001-02-26

  Primary law: CERCLA

  Federal penalty: $75,000

• CHAMPION CHEMICAL COMPANYentered 2007-11-30

  Primary law: CERCLA

• CHAMPION CHEMICAL CO, IMPERIAL OIL STEVENS, EMILEentered 2001-02-26

  Primary law: CERCLA

• CHAMPION CHEMICAL COMPANY et al.entered 2010-09-14

  Primary law: CERCLA

Timeline (7 milestones)

• 1993-04-30Enforcement Action Data Entered
• 1993-09-24Referred To Dept Of Justice
• 1996-03-29Complaint Filed With Court
• 2007-01-18Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2010-07-22Final Order Lodged
• 2010-09-14Final Order Entered
• 2010-09-14Concluded