EPA v. Fort James Operating Company

Case summary

The Site is an abandoned, inactive landfill located in Alexandria Township, Hunterdon County, New Jersey. The approximately 10-acre landfill has an estimated 1,500 feet of frontage directly on the eastern shore of the Delaware River, and is adjacent to the northernmost section of the Delaware Raritan Canal State Park. The landfill was utilized by adjacent paper mills for the disposal of waste beginning in the late 1930's through the early 1970's. A May 25, 2004 Removal Site Evaluation by EPA concluded that a CERCLA removal action was warranted at the Site to stabilize the exposed landfill face to eliminate the potential for containers and other waste materials from being released into the Delaware River. EPA conducted emergency removal actions at the Site in September 2004 and May 2005 to stabilize areas of the landfill face that were severely impacted by flooding. The Site was listed on the National Priorities List on April 27, 2005. The Administrative Order on Consent was signed on May 25, 2005. The Respondent was a successor to the owner at the time of disposal, and a party that generated and arranged for disposal of material at the Crown Vantage Landfill Superfund Site. After a series of negotiations with EPA, the Respondent agreed to do the time-critical removal action pursuant to the Order. The time-critical actions to be implemented include: stabilizing the landfill face in order to eliminate the potential for containers and other waste materials from being released into the Delaware River; securing the Site against unauthorized access; and conducting a search across the entire surface of the landfill to identify, retrieve, and dispose of any drums/containers/pails and their contents that are present above the ground surface in order to minimize direct contact threats with these materials. These response actions are expected to reduce the incidences of trespass, and will help reduce the actual or potential human exposure to hazardous substances.

Defendants (1)

• Fort James Operating CompanyNamed in settlement

Facilities (1)

• CROWN VANTAGE LANDFILL

  ADJ. TO DELAWARE RIVER 1/2 MI. SOUTH OF, ALEXANDRIA TOWNSHIP, NJ, 08848

  Registry ID: 110015651524

Statutes cited

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

Enforcement conclusions (1)

• Fort James Operating Companyentered 2005-05-26

  Primary law: CERCLA

Timeline (3 milestones)

• 2005-05-26Final Order Issued
• 2005-05-26Enforcement Action Closed
• 2005-06-21Enforcement Action Data Entered