EPA v. Superior Barrel and Drum Co., Inc. et al.

Case summary

Cost recovery action pursuant to Section 107(a) of CERCLA, relating to the Superior Barrel and Drum Superfund Site in Elk Township, New Jersey. EPA has incurred approximately $6.3 million in removal action costs addressing contamination at this abandoned container reconditioning plant. During its removal action, EPA removed and properly disposed of thousands of containers of hazardous substances, pollutants, or contaminants such as benzene, toluene, trichloroethylene, ethylbenzene, xylenes, PCBs and lead. The containers had been leaking, void of tops, exposed to weather elements, rusted, damaged due to gunshots, stored improperly, and lying on their sides. U.S. District Court entered a Default Judgment against the Defendants for $6,370,093 in cost recovery. On November 22, 2019, the U.S. District Court for the District of New Jersey entered two consent decrees. These two consent decrees, one with a group of 30 arrangers (the Group) and one with an arranger that has a limited ability to pay, resolve the United States� claims against these 31 parties who arranged for the treatment or disposal of hazardous substances at the Site. The Settling Defendants will pay EPA $3,775,000. In addition to settling with these PRPs, EPA has pursued cost recovery from the former owners and operators of the facility. In April 2018, the U.S. District Court for the District of New Jersey granted EPA�s Motion for Entry of Default Judgment for all Site costs against the owner/operators. EPA is working with the U.S. Attorney�s Office in New Jersey to collect the default judgment.

Defendants (51)

• Superior Barrel and Drum Co., Inc.Named in complaintNamed in settlement
• National Chemical Laboratories, Inc.
• Coating Development Group, Inc.Named in settlement
• Johnson Matthey Inc.
• Recycle Inc. East
• Thomas ToyNamed in complaintNamed in settlement
• Melva ToyNamed in complaintNamed in settlement
• DeSoto Aerospace Coatings, Inc.
• Courtaulds Aerospace Coatings, Inc.
• PPG Industries, Inc.
• R.H. Sheppard Co., Inc.Named in settlement
• Hibrett PuratexNamed in settlement
• Cassidy Painting Inc.Named in settlement
• Cleveland Steel Container CorporationNamed in settlement
• Congoleum CorporationNamed in settlement
• Durand Glass Manufacturing Company LLCNamed in settlement
• Expert Management Inc.Named in settlement
• Incineration Recycling Services Inc.Named in settlement
• Johnson Matthey Inc.Named in settlement
• LCRES Holdings, Inc.Named in settlement
• LCR Embedded Systems, Inc.Named in settlement
• Richland Glass Co., Inc.Named in settlement
• Rohm and Haas CompanyNamed in settlement
• The Sherwin-Williams CompanyNamed in settlement
• Stem Brothers, Inc.Named in settlement
• …and 26 more

Facilities (1)

• SUPERIOR BARREL & DRUM CO INC

  798 JACOB HARRIS LN, GLASSBORO, NJ, 08028

  Registry ID: 110031839321

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• Superior Barrel and Drum Co., Inc. et al.entered 2018-04-20

  Primary law: CERCLA

• Cassidy Painting Inc. et al.entered 2019-11-22

  Primary law: CERCLA

• Mahogany Company of Mays Landing, Inc.entered 2019-11-22

  Primary law: CERCLA

Timeline (5 milestones)

• 2017-06-29Referred To Dept Of Justice
• 2017-07-14Enforcement Action Data Entered
• 2017-09-21Complaint Filed With Court
• 2019-09-27Final Order Lodged
• 2019-11-22Final Order Entered