ELR Citation: ELR 20313
No(s). 83-4226 (D.N.J. Apr 13, 1984)

The court holds that classification of plaintiffs as "operators" of the Kin-Buc Landfill in Edison, New Jersey, or "transporters" of hazardous substances to the site must not delay implementation of a cleanup order issued under §106 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Since plaintiffs are liable for cleanup under CERCLA §107(a)(4) as "transporters" of hazardous substances and, possibly as operators, and defendants are liable under CERCLA §107(a)(2) as "owners or operators," the court declines to specify each party's liability prior to resolution of factual issues. It holds that under CERCLA §107(a)(4)(B), plaintiffs and defendants must bear abatement and cleanup costs alike. Exercising its broad equitable powers of relief in view of the imminent threat to the public posed by the site, the court denies cross-motions for injunctive relief with regard to the performance of ordered cleanup activities. The court holds that until evidentiary hearings are held to determine the nature and extent of each party's liability, plaintiffs and defendants must share equally the costs of cleanup, as directed by the EPA in its §106 order. The court also orders the parties to submit a schedule allocating tasks to be performed by each in order to facilitate cleanup and abatement of hazardous substance pollution at the landfill.

Counsel for Plaintiffs
David M. Jones
Berman Engle P.C.
36th Floor, One Boston Place, Boston MA 02108
(617) 720-0300

Dennis M. Reznick
Budd, Larner, Kent, Gross, Picillo & Rosenbaum
33 Washington St., Newark NJ 07102
(201) 622-7400

Counsel for Defendants
Edward J. Egan
1703 East 2nd St., Scotch Plains NJ 07076
(201) 322-5924

Benjamin Weiner
Weiner & Hendler
303 George St., New Brunswick NJ 08903
(201) 846-3100

Lorraine S. Gerson, Ass't U.S. Attorney
970 Broad St., Newark NJ 07102
(201) 645-6438