EPA v. Estate of Herbert H. Zschiegner and Estate of Frances B. Zschiegner

Case summary

EPA requested the U.S. Attorney's Office to pursue assets in the estates of potentially responsible parties to reimburse EPA's costs in responding to the contamination at the site, located in Howell Twp., NJ. As a result of discoveries made during response activities, a Clean Water Act criminal suit was brought against the Defendant and a criminal plea agreement was ordered in 1992. Pursuant to that plea, the Defendant, among other things, was ordered to pay in restitution to EPA. With the acquiescence of the water program, the monies were made payable to the Superfund as EPA had incurred response costs there, which were being paid by the Fund. The Defendant began paying the amount in small installments and this amount was not paid in full when he died. After he died, his estate and his wife's estate went into probate court in New Jersey and at our request, the U.S. Attorney's Office made a claim in probate court for EPA's administrative costs, meaning our cleanup costs. Consequently, the probate court had most if not all of the Defendants' estates liquidated and paid to the Superfund. The US Attorney's office also pursued a fraudulent conveyance/debt collection action in federal district court alleging that the assets in the trust should be paid to EPA. This action resulted in settlements with the trustee and the two daughters, who were the beneficiaries of the trust.

Defendants (5)

• Zschiegner, Frances B., Estate ofNamed in complaint
• Zschiegner, Herbert H., Estate ofNamed in complaint
• Timothy P. NeumannNamed in settlement
• Anne H. BerendsNamed in settlement
• Ruth F. LampmanNamed in settlement

Facilities (1)

• ZSCHIEGNER REFINING CO

  1442 MAXIM SOUTHARD RD, HOWELL, NJ, 07731

  Registry ID: 110004239280

Statutes cited

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

Enforcement conclusions (1)

• Estate of Herbert H. Zschiegner and Estate of Frances B. Zschiegnerentered 2009-03-24

  Primary law: CERCLA

Timeline (7 milestones)

• 2006-05-22Referred To Dept Of Justice
• 2006-05-22Referred TO U.S. Attorney
• 2006-07-26Complaint Filed With Court
• 2006-10-02Enforcement Action Data Entered
• 2009-03-20Final Order Lodged
• 2009-03-24Final Order Entered
• 2009-03-24Concluded