EPA v. 9.67 Acres of Land (Industrial Latex Site)

Case summary

The Industrial Latex Site is located in the Borough of Wallington, Bergen County, New Jersey. From 1951 to 1983, the Industrial Latex Corporation manufactured natural and synthetic rubber compounds and chemical adhesives at the Site. In 1986, the EPA initiated a removal action to address some of the contaminants found at the Site. On March 30, 1989, the Site was linsted on the NPL. Thus, the removal and remedial actions were federally funded. On Sept. 30,1992, EPA issued a ROD setting forth the remedy needed for the Site. On April 10, 1996, EPA issued and ESD to document some changes in the remedy set forth in the ROD. The remedial actions were subsequently completed and the Site was de-linted from the NPL on April 21, 2003. There are no viable potentially responsible parties for this Site. Therefore, on Jan.5,1988, EPA perfected a lien on the Site (a/k/a the Defendant Property )pursuant to Section 107(i) of CERCLA,42 U.S.C. 9607(I), to secure the value of the Site as collateral for all costs the United States incurred relating to the Site. Some other parties also claimed to have a security interest in the Site, namely, the State of New Jersey, the New Jersey Spill Compensation Fund, Jerry Lippman, Lipwall, Inc. and the BOrough of Wallington (collectively referred to as the Interested Parties ). On July 17,2001, the U.S. DOJ filed an action under Section 107 of CERCLA, 42 U.S.C. 9607 seeking cost recovery on behalf of EPA. It was an in rem action filed against the Defendant Property itself to facilitate its sale as a mechanism to compensate EPA from the sale proceeds once the Site is sold. EPA and the Interested Parties later reached agreement on how and when the Site would be sold and how the sale proceeds would be divided among EPA and each of the Interested Parties. The agreement is predicated, in part, upon the Borough of Wallington adopting a redevelopment plan within a certain time after the entry of the decree that will allow the Site to be used for residential development. The U.S. Marshals Service will conduct the sale ater the rezoning occures. After expenses associated with the sale, the net proceeds shall be divided among EPA and the Interested Parties as agreed to in the Decree.

Defendants (1)

• 9.67 ACRES of LandNamed in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL LATEX CORP.

  306-358 MOUNT PLEASANT AVENUE, WALLINGTON, NJ, 07057

  Registry ID: 110071100925

Statutes cited

• CERCLA 107L — Lien
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• 9.67 Acres of Land (Industrial Latex Site)entered 2006-03-07

  Primary law: CERCLA

• 9.67 Acres of Land (Industrial Latex Site)entered 2008-05-06

  Primary law: CERCLA

Timeline (7 milestones)

• 2001-05-18Enforcement Action Data Entered
• 2001-05-31Referred To Dept Of Justice
• 2001-07-17Complaint Filed With Court
• 2008-05-02Final Order Lodged
• 2008-05-06Concluded
• 2008-05-06Final Order Entered
• 2008-09-19Enforcement Action Closed