EPA v. FABRIZI, JANE (NEW JERSEY FIREWORKS SITE)

Case summary

THE REGION HAS APPROVED AN ADMINISTRATIVE SETTLEMENT OF CLAIMS OF REIMBURSEMENT OF COSTS INCURRED IN CONNECTION WITH THE NEW JERSEY FIREWORKS SITE IN ELKTON, MARYLAND (SITE) PURSUANT TO SECTION 122(h) OF THE CERCLA. UNDER THE SETLEMENT, JANE FABRIZI WILL PAY THE SUM OF $55,554.75 TO THE UNITED STATES IN RETURN FOR A COVENANT NOT TO SUE FOR PAST COSTS TOTALING $851.137.597. BEFORE THE SETTLEMENT IS FINAL, THE DEPARTMENT OF JUSTICE MUST APPROVE IT AND A PUBLIC COMMENT PERIOD MUST BE HELD. THE SITE IS THE LOCATION OF A FORMER FIREWORKS MANUFACTURING BUSINESS WHICH OPERATED BETWEEN THE 1950s AND 1980s UNDER DIFFERENT OWNERS. A FIRE AT THE FACILITY IN MARCH 2007 LED TO EPA INVOLVEMENT. BETWEEN 2007 AND 2011, EPA PERFORMED (1) A SMALL RREMOVAL ACTION IN 2007 INTENDED TO ABATE THREATS PRESENTED BY THE PRESENCE OF SUBSTANCES IN DRUMS AND OTHER VESSELS; (2) AN EXTENSIVE ENVIRONMENTAL INVESTIGATION THAT REVEALED NO THREATS WARRANTING FURTHER ACTION; AND (3) AN EXTENSIVE UNEXPLODED ORDNANCE INVESTIGATION THAT REVEALED ONE DEACTIVATED GRENADE FUSE AN DONE 40MM BASE FUSE AND NO NEED FOR FURTHER ACTION. THE FACILITY WAS OWNED BETWEEN 1954-1990 BY JANE FABRIZI AND HER DECEASED HUSBAND AND OPERATED BY HER DECEASED HUSBAND. THE SETTLEMENT RECOVERS THE COSTS OF THE SMALL REMOVAL ACTION CONDUCTED IN 2007.

Defendants (1)

• FABRIZI, JANENamed in complaintNamed in settlement

Facilities (1)

• NEW JERSEY FIREWORKS

  1726 OLD PHILADELPHIA RD, ELKTON, MD, 21921-7005

  Registry ID: 110003527238

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• FABRIZI, JANE (NEW JERSEY FIREWORKS SITE)entered 2015-02-25

  Primary law: CERCLA

Timeline (2 milestones)

• 2015-02-25Final Order Issued
• 2015-03-02Enforcement Action Data Entered