EPA v. FV Steel and Wire, Co., et al. (Sherman Wire Company)

Case summary

Sherman Wire is the successor to United Wallpaper, Inc., which operated an incendiary bomb manufacturing facility at the Pascale Property Site during World War Two. Between 1943 and 1945, the Site was operated by United Wallpaper, Inc. for the manufacture of M-69/napalm bombs. Unused and discarded ordnance was buried at the Site and several hundred burned bomb canisters and fuzes have been found at the Site over the years by residents in the area. The New Jersey Department of Environmental Protection referred the Site to EPA in 2000. EPA utilized the services of unexploded ordnance (UXO) specialists to remove the buried ordnance at the Site. Removal activities included identifying, removing, and disposing of any ordnance-type material. Trenches and burial pits containing a large quantity of ordnance items were discovered at the Site. Soil was excavated from these trenches and pits and screened to recover fuzes and bombs. Any ordnance material discovered on the surface or buried below was removed and secured on-site for detonation and/or disposal. EPA incurred removal costs of $2,441,702.35. The total number of ordnance items recovered included: 22,766 empty M-69 bomb casings, over 650,000 inert fuzes, 4 inert M-2 rockets, 267 live M-69 bombs, 99 live M-50 bombs, 730 live fuzes and 31 M-1 fuze primers. All of the live ordnance found, a total of 1,127 items, were destroyed in a series of 19 detonations. The constituents of the bombs, including aluminum powder, gelled gasoline, barium nitrate, magnesium powder, nitrocellulose, trinitrotoluene, tetryl, and white phosphorus exhibit the characteristics of reactivity as defined at 40 C.F.R. Section 261.23. Solid wastes exhibiting the characteristic of reactivity are considered hazardous substances under CERCLA (See 40 C.F.R. Section 302.4(b)). Future response activities are not anticipated. Therefore, EPA, through DOJ, should pursue a claim in the Sherman Wire bankruptcy.

Defendants (2)

• U.S. ArmyNamed in settlement
• Sherman Wire CompanyNamed in complaintNamed in settlement

Facilities (1)

• PASCALE PROPERTY

  BEHIND 20 PARKER ROAD, LONG VALLEY, NJ, 07853

  Registry ID: 110009342005

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• FV Steel and Wire, Co., et al. (Sherman Wire Company)entered 2005-12-14

  Primary law: CERCLA

Timeline (8 milestones)

• 2004-07-29Referred To Headquarters
• 2004-08-08Referred To Dept Of Justice
• 2004-08-19Complaint Filed With Court
• 2004-09-29Enforcement Action Data Entered
• 2005-09-26Final Order Lodged
• 2005-12-14Final Order Entered
• 2005-12-14Concluded
• 2008-09-12Enforcement Action Closed