EPA v. NL Industries, Inc. - Raritan Bay Slag

Case summary

The Raritan Bay Slag Superfund Site (the Site) is located in the townships of Old Bridge and Sayreville, New Jersey. The Site encompasses wetlands, shoreline, a waterfront park and beaches, upland areas adjacent to the shore, and sediments in the near-shore side of the Raritan Bay. The Site is approximately 1.5 miles in length and consists of the waterfront area between Margaret's Creek and the area just beyond the western jetty at the Cheesequake Creek Inlet. Approximately 40 years ago, slag from a secondary lead smelter was used at the Site to construct the seawall along Raritan Bay and to augment an existing jetty on the western side of the Cheesequake Creek Inlet. The placement of the slag at the Site has resulted in the leaching of heavy metals, including lead, arsenic, antimony, copper and chromium into the surrounding Raritan Bay surface water, sediments and near shore soils. Additionally, as the saltwater weathers the slag, particles from the slag erode and mix into the sediments and soils at the Site. Lead is the primary contaminant of concern (COC) at the Site and is the COC driving the remedy. The slag appears to have come from a former secondary lead smelting facility in Perth Amboy, N.J. The Defendant (or a predecessor of the Defendant) owned and/or operated that facility when the slag was removed from its facility and placed at the Site.

Defendants (24)

• Old Bridge TownshipNamed in complaintNamed in settlement
• NL Industries, Inc.Named in complaintNamed in settlement
• Atlantic Battery Co., Inc.Named in complaintNamed in settlement
• Atlantic Richfield Co.Named in complaintNamed in settlement
• Bixon Liquidation Corp.Named in complaintNamed in settlement
• C&D Technologies Inc.Named in complaintNamed in settlement
• Clarios LLCNamed in complaintNamed in settlement
• Crown Battery Manufacturing Co.Named in complaintNamed in settlement
• East Penn Manufacturing Co.Named in complaintNamed in settlement
• E.I. DuPont de Nemours n/k/a EIDP, Inc.Named in complaintNamed in settlement
• Enersys Delaware Inc.Named in complaintNamed in settlement
• FMC Corp.Named in complaintNamed in settlement
• Gould Electronics Inc.Named in complaintNamed in settlement
• Honeywell International Inc.Named in complaintNamed in settlement
• Joe Krentzman & Son, Inc.Named in complaintNamed in settlement
• Johnson Controls Inc.Named in complaintNamed in settlement
• RAE Storage Battery Co.Named in complaintNamed in settlement
• Rio Tinto Minerals Inc.Named in complaintNamed in settlement
• Rio Tinto Metals LimitedNamed in complaintNamed in settlement
• Rio Tinto PLCNamed in complaintNamed in settlement
• Tiffen Acquisition Corp.Named in complaintNamed in settlement
• Tiffen Co., LLCNamed in complaintNamed in settlement
• Wimco Metals Inc.Named in complaintNamed in settlement
• Yuasa Battery, Inc.Named in complaintNamed in settlement

Facilities (1)

• RARITAN BAY SLAG

  BAYVIEW DRIVE, OLD BRIDGE TWP/SAYREVILLE, NJ, 08879

  Registry ID: 110037285942

Statutes cited

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

Enforcement conclusions (1)

• NL Industries, Inc. et al. - Raritan Bay Slagentered 2025-02-10

  Primary law: CERCLA

Timeline (6 milestones)

• 2014-02-12Enforcement Action Data Entered
• 2014-03-19Referred To Dept Of Justice
• 2017-11-01Supplemental Referral-Adding parties, counts
• 2024-09-04Complaint Filed With Court
• 2024-09-04Final Order Lodged
• 2025-02-10Final Order Entered