EPA v. ESMAT ZAKLAMA

Case summary

******FACILITY******* MONTCLAIR/WEST ORANGE SUPERFUND SITE MONTCLAIR & WEST ORANGE, NJ ********************* OWNERSHIP: VARIES; INCLUDES P & M PROPERTIES OVER 400. THIS CASE REQUESTS THE ATTORNEY GENERAL TO COMMENCE A CIVIL ACTION TO COMPEL COMPLIANCE WITH AN ADMINISTRATIVE ORDER FOR ACCESS PURSUANT TO SECTION 104(E) OF CERCLA. EPA DETERMINED THAT RADIOACTIVE WASTE MATERIALS FROM A RADIUM PROCESSING FACILITY HAD CONTAMINATED OVER 400 RESIDENTIAL AND PUBLIC PROPERTIES IN MONTCLAIR AND WEST ORANGE, N.J. IN 1989 AND 1990, EPA ISSUED RECORDS OF DECISION CALLING FOR ADDITIONAL SAMPLING AT ALL PROPERTIES SUSPECTED OF BEING CONTAMINATED, AND EXCAVATION AND OFF SITE DISPOSAL OF CONTAMINATED SOIL. EPA REQUESTED ACCESS TO EACH PROPERTY TO PERFORM SAMPLING AND, IF CONTAMINATION WAS FOUND, ACCESS TO PERFORM THE REMEDIAL WORK. THE PROPOSED DEFENDANT REFUSED ACCESS. EPA ISSUED AN ADMINISTRATIVE ORDER FOR ACCESS TO THE PROPOSED DEFENDANT. THE PROPOSED DEFENDANT REFUSED TO COMPLY WITH THE ADMINISTRATIVE ORDER.

Defendants (1)

• ESMAT ZAKLAMANamed in complaintNamed in settlement

Facilities (1)

• MONTCLAIR/WEST ORANGE RADIUM SITE

  N/A, VERONA, NJ, 07044

  Registry ID: 110030721360

Statutes cited

• CERCLA 104E3 — Entry Access

Enforcement conclusions (1)

• ESMAT ZAKLAMAentered 1994-04-25

  Primary law: CERCLA

Timeline (7 milestones)

• 1994-01-03Enforcement Action Data Entered
• 1994-03-09Referred To Dept Of Justice
• 1994-04-18Complaint Filed With Court
• 1994-04-25Final Order Lodged
• 1994-04-25Final Order Entered
• 1994-04-25Concluded
• 1994-06-30Enforcement Action Closed