EPA v. MANZO, DOMINICK ET AL.

Case summary

EPA REGION II SEEKS TO RECOVER MONIES SPENT AT THE BURNT FLY BOG SUPERFUND SITE LOCATED IN MARLBORO TOWNSHIP, MONMOUTH COUNTY, NEW JERSEY. A DECLARATORY JUDGMENT FOR FUTURE COSTS WILL BE SOUGHT AS WELL. THE RESPONSE COSTS INCURRED BY EPA INCLUDE A REMEDIAL INVESTIGATION, A FEASIBILITY STUDY, A REMEDIAL DESIGN AND A REMEDIAL ACTION. CONTAMINATION AT THE SITE INCLUDES PCBS, HEAVY METALS AND VOLATILE ORGANIC COMPOUNDS. THERE ARE FOUR PRPS ATE THE SITE THAT INCLUDE TWO OWNERS AND TWO OPERATORS. DOJ filed a complaint on behalf of EPA against the Defendants and their company on January 15, 1997. The attorney for the Defendants filed an answer, counterclaim, and third party complaint on April 1, 1997. The third party complaint named approximately 80 parties, including the oil companies that are the subject of this settlement. On November 5, 1999, the Court entered an Order Governing Confidential Settlement Negotiations between the oil companies and EPA. Negotiations resulted in the lodging of a Consent Decree with the court on September 5, 2002, which was entered on March 31, 2003. The first settlement is a peripheral party cashout settlement that resolves liabilities at both the Burnt Fly Bog Superfund Site and the Imperial Oil Co., Inc./Champion Chemical Superfund Site. Second settlement entered June 25, 2007. After the court entered the second order, the Defendants realized there was no way they could ever pay the $31 million and requested to settle with EPA on an ability to pay basis. That request resulted in another consent decree. In the consent decree, entered April 29, 2011, the Defendants and their insurance carriers will be paying EPA a total of $17,122,500, plus interest. The co-plaintiff in the case, the State of New Jersey will receive $1,902,500, plus interest.

Defendants (16)

• Sunoco, Inc. (R&M) formerly known as Sun Oil CoNamed in settlement
• Mobil Oil CorporationNamed in settlement
• ACE-MANZO INC (SB)Named in complaintNamed in settlement
• CHAMPION CHEMICAL COMPANY
• MANZO, CARMELLANamed in complaintNamed in settlement
• MANZO, DOMINICKNamed in complaintNamed in settlement
• BP Products North America, Inc. AKA Amoco OilNamed in settlement
• Texaco Inc.Named in settlement
• Texaco Downstream Inc.Named in settlement
• Texaco Refining and Marketing Inc.Named in settlement
• TMR CompanyNamed in settlement
• Atlantic Richfield CompanyNamed in settlement
• Exxon CorporationNamed in settlement
• Shell Oil CompanyNamed in settlement
• Chevron U.S.A. Inc. formerly known Gulf Oil CorpNamed in settlement
• BP Products North America, Inc.Named in settlement

Facilities (2)

• BURNT FLY BOG

  TYLERS LANE, MARLBORO, NJ, 07746

  Registry ID: 110009299847

• IMPERIAL OIL COMP INC

  48 ORCHARD PL, MORGANVILLE, NJ, 07751

  Registry ID: 110006706225

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• Texaco Inc., et alentered 2003-03-31

  Primary law: CERCLA

• MANZO, Dominick et alentered 2007-06-25

  Primary law: CERCLA

Timeline (6 milestones)

• 1993-04-30Enforcement Action Data Entered
• 1993-09-24Referred To Dept Of Justice
• 1997-01-14Complaint Filed With Court
• 2007-06-25Concluded
• 2007-06-25Final Order Entered
• 2007-06-25Final Order Lodged