EPA v. Advanced Environmental Technology Corp. et al.

Case summary

ROD for Site issued in October 2004. Region II sent PRN to DOJ seeking to commence negotiations with PRPs for implementation of remedy called for in ROD. Negotiations are now complete and the CD was entered on June 15, 2007. CD does not resolve PRP liability at the Site. Left unresolved are the RA for the Horseshoe Drum Dump (HRDD) portion of the Site. We anticipate that data gathered during the RD for HRDD will implicate the PRPs at that site, and that the CD will be amended or a new CD entered which will cover the RA for HRDD. Also unresolved is 0U3 which is the marshy part of the Site along the Raritan River. A ROD is anticipated in late FY07/early FY08 for OU3. Supplemental PRN sent on June 24, 2011 to amend the RD/RA CD. First amended CD entered on February 26, 2013. Following completion of the OU2 remedial design for the ARC Site and the Horseshoe Road Drum Dump (HRDD) portion of the Horseshoe Road Site in 2011 (under the original Consent Decree), the parties engaged in further negotiations, resulting in the proposed First Amended Consent Decree, which is intended to supercede the original Consent Decree. Under the First Amended Consent Decree, in addition to performing the OU2 remedial action for the ARC Site which was already required under the original Consent Decree, one group of the Settling Defendants (the Settling Work Defendants) will also perform the OU2 remedial action for the HRDD Site. The United States, on behalf of the Department of Defense (which is also linked as a generator to the ARC Site), and the other group of the Settling Defendants (the De Minimis Settling Defendants) will contribute allocated shares to the costs of the performance of the OU2 work. The proposed Decree also provides for reimbursement of EPA’s HRDD past costs and certain other unreimbursed OU2/OU3 past costs for the sites. (EPA’s ARC past costs were addressed earlier in the original Consent Decree.) In addition to the covenants that were in the original Consent Decree with respect to ARC past costs, the ARC and HRDD OU2 RD, and the ARC OU2 RA, the proposed Decree includes covenants by the United States not to sue or take administrative action against the Settling Defendants with respect to HRDD past costs, the HRDD OU2 RA, and OU3.

Defendants (29)

• Johnson & JohnsonNamed in settlement
• Advanced Environmental Technology Corp.Named in complaintNamed in settlement
• Kewanee Industries, Inc.Named in complaintNamed in settlement
• Novartis Pharmaceuticals Corp.Named in complaintNamed in settlement
• Permacel, Inc.Named in complaintNamed in settlement
• 3M Co.Named in complaintNamed in settlement
• Union Carbide Corp.Named in complaintNamed in settlement
• U.S. Dept. of DefenseNamed in settlement
• Essex Chemical Co.Named in complaintNamed in settlement
• Kaplan, Jack
• Lionetti Oil Recovery, Inc.Named in settlement
• General Motors CorporationNamed in complaint
• Chevron Environmental Management CorporationNamed in complaintNamed in settlement
• Fry's Metals, Inc.Named in complaintNamed in settlement
• Sun Chemical CorporationNamed in settlement
• Saint Peter's University Hospital, Inc.Named in settlement
• Robert Wood Johnson University Hospital RahwayNamed in settlement
• Philips Electronics North America CorporationNamed in settlement
• North Jersey Media GroupNamed in settlement
• JPMorgan Chase Bank, N.A.Named in settlement
• ITT CorporationNamed in settlement
• International Paper CompanyNamed in settlement
• ICI Americas Inc.Named in settlement
• Honeywell International Inc.Named in settlement
• The City of PhiladelphiaNamed in settlement
• …and 4 more

Facilities (3)

• ATLANTIC RESOURCES CORPORATION

  1 HORSESHOE ROAD, SAYREVILLE, NJ, 08872

  Registry ID: 110001534475

• USEPA REGION II HORSESHOE ROAD SUPERFUND SITE

  400 HORSESHOE ROAD, SAYREVILLE, NJ, 08872

  Registry ID: 110030722626

• ATLANTIC RESOURCES CORPORATION

  1 HORSESHOE ROAD, SAYREVILLE, NJ, 08872

  Registry ID: 110001534475

Statutes cited

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

Enforcement conclusions (2)

• Advanced Environmental Technology Corp.entered 2007-06-15

  Primary law: CERCLA

• Advanced Environmental Technology Corp. et al.entered 2013-02-26

  Primary law: CERCLA

Timeline (6 milestones)

• 2005-02-24PRN Sent
• 2005-07-27Enforcement Action Data Entered
• 2006-09-21Referred To Dept Of Justice
• 2006-12-18Complaint Filed With Court
• 2012-12-14Final Order Lodged
• 2013-02-26Final Order Entered