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Court Rules in EPA’s Favor to Enforce Agreement and Collect from Delinquent New Jersey Company
Release Date: 01/04/2008
Contact Information:
Court Rules in EPA’s Favor to Enforce Agreement and Collect from Delinquent New Jersey Company
Contact: Beth Totman (212) 637-3662, [email protected]
(New York, N.Y.) The U.S. Environmental Protection Agency (EPA) sent the Champion Chemical Company a clear message with a ruling by the U.S. District Court that it will be penalized for failing to honor the terms of a legally binding agreement with the Agency. The company had agreed to reimburse EPA for some of the costs of its cleanup at the Imperial Oil Co./Champion Chemicals Superfund site in Morganville, Monmouth County, New Jersey. It defaulted on that agreement and now must pay EPA not only the past due amounts, but over $6 million in penalties.
“This case proves that EPA does not take agreements with companies that violate federal laws lightly,” said Regional Administrator Alan J. Steinberg. “Under Superfund, EPA holds a responsible party’s feet to the fire. This most recent case is a testament to EPA’s hard work to uphold the principles of the Superfund process.” Champion failed to make payments required under a consent decree that both Champion and Imperial Oil had entered into with EPA in 2001. Under the consent decree, the settling parties had agreed to make monthly payments to the United States of $12,500, as well as other amounts as specified in the decree. EPA filed a motion to enforce the decree in spring 2007. The U.S. District Court for the District of New Jersey ruled last month that Champion must pay $7,174,667 to EPA.
Imperial Oil Co./Champion Chemicals Superfund site consists of 15 acres that have ground water contaminated by volatile organic compounds (VOCs), PCBs, and metals, among other contaminants. Additionally, the surface soil is contaminated with heavy metals including chromium, lead, and arsenic, as well as PCBs. To date, the site has been addressed by EPA and the New Jersey Department of Environmental Protection. EPA has conducted numerous cleanup activities at the site including the removal of a waste clay pile and removal of arsenic contaminated soil from adjoining residential properties.
For further information on the Imperial Oil Company Inc./Champion Chemicals Superfund site, visit: https://www.epa.gov/region02/superfund/npl/0200764c.htm.
To find out more on how the Superfund process works, go to: https://www.epa.gov/superfund/about.htm.
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