EPA v. KIN-BUC, ET AL

Case summary

ACTION PURSUANT TO CERCLA 106 & 107(A) AGAINST 14 OWNER-OPERATOR PRPS FOR PENALTIES AND RECOVERY OF PAST RESPONSE COSTS INCURRED BY THE U.S. RELATING TO ACTIVITIES PERFORMED AT THE KIN-BUC LANDFILL SITE, IN EDISON TWP, NJ. PURSUANT TO CERCLA 106(b), EPA SOUGHT STATUTORY PENALTIES FOR VIOLATION OF AN EPA UNILATERAL ORDER FOR FAILURE TO PERFORM ADDITIONAL WORK AT AN AREA OF THE SITE REFERRED TO AS MOUND B ,AS WELL AS FOR PAST VIOLATIONS OF EPA'S ORDERS ISSUED TO THE PROPOSED DEFENDANTS. CONSENT DECREE SETTLING THIS CASE WAS ENTERED ON OCT. 20, 2005. IT PROVIDES FOR PAYMENT OF OF PAST COSTS, PAYMENT OF A CASH PENALTY, AND PERFORMANCE OF A SUPPLEMENTAL ENVIRONMENTAL PROJECT OR SEP SETTING ASIDE APPROXIMATELY 100 ACRES OF THE DEFENDANTS' PROPERTY AS GREEN SPACE, ALONG WITH WETLANDS RESTORATION.

Defendants (14)

• GAESS, ANTHONYNamed in complaintNamed in settlement
• INMAR ASSOCIATES INC FKANamed in complaintNamed in settlement
• KIN-BUC INCNamed in complaintNamed in settlement
• MAHAN, MARVIN H.Named in complaintNamed in settlement
• MEAGHER, ROBERT J.Named in complaintNamed in settlement
• SCA SERVICES INCNamed in complaintNamed in settlement
• SCA SERVICES OF PASSAIC INCNamed in complaintNamed in settlement
• WASTE MGNM'T HOLDINGSNamed in complaintNamed in settlement
• WASTE MGNM'T INCNamed in complaintNamed in settlement
• WASTEQUID INCNamed in complaintNamed in settlement
• Transtech Industries, Inc. f/k/a Scientific IncNamed in complaintNamed in settlement
• CHEMICAL WASTE MANAGEMENT, INC.Named in complaintNamed in settlement
• EARTHLINE CO. FKA-4 OTHER NAMESNamed in complaintNamed in settlement
• FILCREST REALTY INCNamed in complaintNamed in settlement

Facilities (1)

• KIN BUC INCORPORATED LANDFILL

  383 MEADOW RD, EDISON, NJ, 08817

  Registry ID: 110001535134

Statutes cited

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

Enforcement conclusions (1)

• KIN-BUC, ET ALentered 2005-10-20

  Primary law: CERCLA

  Federal penalty: $100,000 · SEP: $782,997

Timeline (7 milestones)

• 1999-07-26Referred To Dept Of Justice
• 1999-07-30Enforcement Action Data Entered
• 2002-09-02Complaint Filed With Court
• 2005-03-22Final Order Lodged
• 2005-10-20Concluded
• 2005-10-20Final Order Entered
• 2006-03-16Enforcement Action Closed