EPA v. Bergen Metals/Bergen Recycling, et al

Case summary

Pittsburgh Metal & Equipment was a secondary lead smelter that operated at the foot of Aetna Street in Jersey City, New Jersey for several decades. Several companies transacted business with Pittsburgh Metal, sending metal materials, including those for which there was liability under CERCLA, during this time. Because the Site had become heavily contaminated with lead and other metals, from 1997 to 2001, the EPA performed an extensive removal action at the Site. As a result of the enforcement efforts, EPA reached an administrative cost recovery settlement with approximately 200 de minimis parties and a proposed judicial cost recovery settlement with parties representing six major contributors to the Site. A number of entities which were sent 104(e) Information Requests did not respond to such request, despite repeated follow-up correspondence. Seeking civil penalties under CERCLA, for each party's failure to comply with Information Requests sent pursuant to CERCLA Section 104(e). Negotiations were conducted and twelve parties agreed to pay a penalty. This is an additional settlement in a suit brought under CERCLA, seeking penalties from Bergen Metals/Bergen Recycling Inc. for its failure to comply with Information Requests sent pursuant to CERCLA Section 104(e). A stipulation was entered with 12 other parties in this litigation in May 2007. The suit remains against two other parties in the suit. The January 25, 2008 stipulation relates to Miller Yacht Sales and its settlement under CERCLA for its failure to comply with Information Requests sent pursuant to CERCLA Section 104(e). Miller Yacht Sales is paying in installments.

Defendants (17)

• Duraney Rubber Stamp Works
• Joseph Treu, Inc.Named in complaintNamed in settlement
• Julissa Printing Co.Named in complaintNamed in settlement
• Miller Yacht Sales, Inc.Named in complaintNamed in settlement
• North Carolina Department of CorrrectionsNamed in complaintNamed in settlement
• Allen Markings Products, Inc.
• Cummings Trophies and EngravingsNamed in complaintNamed in settlement
• Mono-Plate Inc.Named in complaintNamed in settlement
• Cenveo, Inc.Named in complaintNamed in settlement
• Kaufman Brothers Printing, Inc.Named in complaintNamed in settlement
• AWT Supply Co., Inc.Named in complaintNamed in settlement
• Prober PrintingNamed in complaintNamed in settlement
• Ideal Printing Co., Inc.Named in complaintNamed in settlement
• Lucas Printing Co., Inc.Named in complaintNamed in settlement
• St. Paul Stamp Works, Inc.Named in complaintNamed in settlement
• Bible Lighthouse, Inc.Named in complaintNamed in settlement
• Bergen Metals/Bergen Recycling IncNamed in complaintNamed in settlement

Facilities (2)

• PITTSBURGH METAL & EQUIPMENT CO INCORPORATED

  FOOT OF AETNA ST & FOOT OF JERSEY AVE, JERSEY CITY, NJ, 07302

  Registry ID: 110001972606

• PITTSBURGH METAL & EQUIPMENT CO INCORPORATED

  FOOT OF AETNA ST & FOOT OF JERSEY AVE, JERSEY CITY, NJ, 07302

  Registry ID: 110001972606

Statutes cited

• CERCLA 104E2 — Information and/or Access

Enforcement conclusions (4)

• Bergen Metals/Bergen Recycling Incentered 2008-01-17

  Primary law: CERCLA

  Federal penalty: $6,978

• Bergen Metals/Bergen Recycling, et al.entered 2008-10-21

  Primary law: CERCLA

  Federal penalty: $21,000

• Bergen Metal / Bergen Recycling, et alentered 2007-05-30

  Primary law: CERCLA

  Federal penalty: $31,027

• Bergen Metals/Bergen Recycling, et alentered 2008-01-28

  Primary law: CERCLA

  Federal penalty: $6,100

Timeline (6 milestones)

• 2005-09-30Referred To Dept Of Justice
• 2005-10-11Enforcement Action Data Entered
• 2007-05-30Complaint Filed With Court
• 2008-10-21Final Order Entered
• 2008-10-21Final Order Lodged
• 2008-10-21Concluded