EPA v. BECTON DICKINSON

Case summary

THE REGION RECOMMENDS THE INITIATION OF A CIVIL ACTION SECTION 106 AND 107 OF CERCLA, AGAINST SIX PRPS. THE ACTION SEEKS THE RECOVERY OF COSTS INCURRED BY THE U.S. EPA IN CONNECTION WITH THE SITE; INJUNCTIVE RELIEF REQUIRING THE PROPOSED DEFENDANTS TO COMPLY WITH TWO ADMINISTRATIVE ORDERS ISSUED BY EPA; AND CIVIL PENALTIES AND PUNITIVE DAMAGES AS A RESUT OF THE DEFENDANTS' NONCOMPLIANCE WITH THOSE ADMINISTRATIVE ORDERS. THE PROPOSED DEFENDANTS HAVE BEEN OUT OF COMPLIANCE W/ THE OU2 ORDER SINCE 7/4/1996. CASE # 02-1991-0185 WAS COMBINED W/ THIS CASE. On Dec. 30,2004, the U.S. District Court of Puerto Rico entered as final judgements two Consent decrees issued pursuant to CERCLA relating to the Juncos Landfill Site, located in the Municipality of Juncos, PR. The first CD, requires those parties pay EPA's and DOJ's past costs at the Site. The City of Juncos, Owner and operator of the Site, performed the remedial investigation and feasibility study, remedial design and remedial action, and is performing the operation and maintenance at the Site. EPA's actions included performance of oversight and the selection of the remedial acction for the Site in a ROD issued March 31,1993. The Site remedy, which has been constructed, included capping the landfill and expanding the Junco water-supply system to provide potable water to all private water supplies potentially impacted by the landfill.

Defendants (7)

• GENERAL ELECTRIC COMPANYNamed in complaintNamed in settlement
• PUERTO RICO LAND ADMINISTRATIONNamed in complaintNamed in settlement
• Becton Dickinson Acutecare Holdings, Inc.Named in complaintNamed in settlement
• BECTON DICKINSON PUERTO RICO INC
• BROWNING-FERRIS INDUSTRIES OF PR INCNamed in complaintNamed in settlement
• JUNCOS, MUNICIPALITY OFNamed in complaintNamed in settlement
• PUERTO RICO DEVELOPM'T & HOUSING IMP ADMNamed in complaintNamed in settlement

Facilities (1)

• JUNCOS LANDFILL

  BO CIEBANORTE, ROAD 189, JUNCOS, PR, 00777

  Registry ID: 110009309373

Statutes cited

• CERCLA 107C3 — Treble Damages
• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• BECTON DICKINSON Acutecare Holdings Inc. (public settling defendants)entered 2004-12-30

  Primary law: CERCLA

  Federal penalty: $500,000

• BECTON DICKINSON Acutecare Holdings, Inc.entered 2004-12-30

  Primary law: CERCLA

Timeline (7 milestones)

• 1996-07-04Enforcement Action Data Entered
• 1997-04-03Referred To Dept Of Justice
• 2004-08-27Complaint Filed With Court
• 2004-08-27Final Order Lodged
• 2004-12-30Concluded
• 2004-12-30Final Order Entered
• 2005-09-16Enforcement Action Closed