EPA v. Unimatic Manufacturing Corporation et al.

Case summary

Defendant operated an aluminum die casting facility at the Site from 1955 to 2001. During that time, the Defendant used lubricating oils containing polychlorinated biphenyls (PCBs) in the die casting operation that were released into the environment through drains, pipes, and other means. In April 2002, the Defendant sold the property at 25 Sherwood Lane in Fairfield, New Jersey to Cardean, LLC (Cardean). EPA is seeking reimbursement of response costs pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. The New Jersey Department of Environmental Protection (NJDEP) has joined the consent decree as a co-plaintiff. On May 6, 2021, the U.S. District Court for the District of New Jersey entered a consent decree which resolves the United States? claims against the Defendants. Working with DOJ, EPA negotiated an ability-to-pay settlement with Unimatic and ?peripheral party? settlements with the other three parties. Under the consent decree, Unimatic is to pay $3,499,198.65 -- 90% of which will go to EPA and the other 10%, to the state of New Jersey (consistent with the two agencies' respective shares of the cleanup costs). Unimatic will also pay $900,000 to Cardean, who will use some of the funds to pay off the back taxes on the property and give EPA a first priority lien on it. After EPA cleans up the site, Cardean will sell the property and pay the net proceeds to EPA.

Defendants (4)

• Cardean, LLCNamed in complaintNamed in settlement
• Unimatic Manufacturing CorporationNamed in complaintNamed in settlement
• Frameware, Inc.Named in complaintNamed in settlement
• Profiles LLCNamed in complaintNamed in settlement

Facilities (1)

• UNIMATIC MFG CORP

  25 SHERWOOD AVE, FAIRFIELD, NJ, 07004-3601

  Registry ID: 110029328984

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Unimatic Manufacturing Corporation et al.entered 2021-05-06

  Primary law: CERCLA

Timeline (5 milestones)

• 2020-09-24Referred To Dept Of Justice
• 2020-09-25Enforcement Action Data Entered
• 2020-11-27Complaint Filed With Court
• 2020-11-27Final Order Lodged
• 2021-05-06Final Order Entered