EPA v. BECKMAN COULTER, INC., ET AL

Case summary

INITIATION OF A CIVIL ACTION PURSUANT TO SECTION 107(A) OF CERCLA FOR COST RECOVERY FOR RESPONSE ACTIONS PERFORMED AT THE COMBE FILL SOUTH LANDFILL SUPERFUND SITE, LOCATED IN WASHINGTON AND CHESTER TOWNSHIPS, MORRIS COUNTY, NEW JERSEY. Partial De Minimis Consent Decree with 58 parties. The settlement requires a payment re: the Combe Fill South Site, in Chester Township NJ. Individual de Minimis party payments to escrow account required within 30 days of Partial CD lodging or Nov. 19, 2003; payment of entire amount from escrow to Superfund required within 45 days entry or Jan. 23, 2004. Second settlement entered by the court Oct. 28, 2006. Partial settlement of cost-recovery case. Note: this is an inability to pay settlement. All funds recovered have been provided by insurance carriers of the defendants. Approximately 200 parties remain in the case. Partial Consent Decree with approximately 300 parties. The settlement requires payment to the U.S. and state agency, NJDEP. Payments and purchase of the annuity are required within 60 days of entry.

Defendants (408)

• Katena ProductsNamed in settlement
• Kevah Konner, Inc.Named in settlement
• Christey-Halsey Oil Co./Meenan Oil Co.Named in settlement
• Mendham Garden CenterNamed in settlement
• Mendham Medical BuildingNamed in settlement
• Edward Merton Paving and Excavating Co., Inc.Named in settlement
• Morristown Daily Record, Inc.Named in settlement
• BECKMAN COULTER INC FKA BECKMAN INSTRUMENamed in complaintNamed in settlement
• CADILLAC PLASTICS GR INC FKA TWO OTHERSNamed in complaint
• CHEMICAL SERVICES INC FKA & SUCCESSOR TONamed in complaint
• CHESTER HILLS INCNamed in complaintNamed in settlement
• CHRYSLER CORPNamed in complaint
• COMPACTION SYSTEMS CORPNamed in complaintNamed in settlement
• COMPACTION SYSTEMS CORP OF CONNECTICUT INamed in complaintNamed in settlement
• Plastics Specialties &Technologies dba Action TechNamed in settlement
• Angar Scientific Co, Inc. (Fluid Dynamics)Named in settlement
• Atlantic Health Systems (Morristown Memorial Hosp)Named in settlement
• L & B, BFH, Inc., fka Bailey Funeral Home, Inc.Named in settlement
• Berlex Laboratories, Inc.Named in settlement
• Black River Veterinary HospitalNamed in settlement
• Boeing Company, The (Boeing Computer Service)Named in settlement
• Bronner Mfg. & Tool Co., Inc.Named in settlement
• Brookside Community ClubNamed in settlement
• Calculagraph Co.Named in settlement
• Centenary CollegeNamed in settlement
• …and 383 more

Facilities (1)

• NJDEP COMBE FILL SLF SO CHESTER SITE

  96 PARKER ROAD, CHESTER, NJ, 07930

  Registry ID: 110071100507

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• BECKMAN COULTER, INC., ET ALentered 2005-10-28

  Primary law: CERCLA

• Beckman Coulter, Inc., et al (partial de minimis)entered 2003-12-17

  Primary law: CERCLA

• BECKMAN COULTER, INC., ET ALentered 2009-06-16

  Primary law: CERCLA

Timeline (6 milestones)

• 1998-08-19Referred To Dept Of Justice
• 1998-09-20Complaint Filed With Court
• 1998-09-25Enforcement Action Data Entered
• 2009-01-06Final Order Lodged
• 2009-06-16Concluded
• 2009-06-16Final Order Entered