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)

• COMPACTION SYSTEMS CORP OF NEW JERSEY INNamed in complaint
• CONNECTICUT RESOURCE RECOVERY AUTHORITYNamed in complaintNamed in settlement
• EAGLE INDUSTRIAL PRODUCTS S-TO FALCON MANamed in complaint
• EAGLE INDUSTRIES INCNamed in complaint
• EASTERN WASTE OF NJ, SUCCESSOR TO TWO CONamed in complaint
• FALCON MANUFACTURING INCNamed in complaint
• FILIBERTO, JOHN C.Named in complaintNamed in settlement
• FILIBERTO, JOSEPH B.Named in complaintNamed in settlement
• State Electronics Parts Corp.Named in settlement
• Sylvan Pools (Anthony & Sylvans Pools Corp. succesNamed in settlement
• Trend Motors Ltd.Named in settlement
• Unique Systems, Inc.Named in settlement
• Woolsulate CorporationNamed in settlement
• Wyndham Int'nal for Parsippany, LLC dba Parsi HiltNamed in settlement
• Yellow Transportation, Inc. fka Yellow Freight SysNamed in settlement
• USR Optonix, Inc.Named in settlement
• Vanguard of Crestwood LLC &Crestwood Nursing HomeNamed in settlement
• Washington Auto Parts, Inc.Named in settlement
• WASTE MGMT OF NORTH JERSEY, SUCCESSOR TONamed in complaint
• Kessler Rehabilitation Corp owner Welkind HospfkaNamed in settlement
• 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
• …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