THIS IS A CIVIL ACTION FOR COST RECOVERY UNDER SECTION 107 OF CERCLA, 42 U.S.C., 9607, AGAINST ROHM & HAAS, OWENS-ILLINOIS, CBS RECORDS (GENERATORS), CENCO, INC. AND MR. JONAS (TRANSPORTERS). THE LIPARI LANDFILL IS THE NUMBER ONE RANKED SITE ON THE NATIONAL PRIORITY LIST. IT IS LOCATED IN MANTUA TOWNSHIP IN NEW JERSEY. THE LANDFILL WAS OPERATED BY MR. LIPARI. FOR A PERIOD OF 13 YEARS MR. LIPARI ACCEPTED SANITARY WASTE FROM LOCAL COMMUNITIES & HAZARDOUS INDUSTRIAL WASTE FROM THE GENERATORS. THE HAULERS TRANSPORTED THE HAZARDOUS WASTE TO THE LANDFILL. RELEASE OF HAZARDOUS SUBSTANCES HAS OCCURRED TO THE UNDERLYING COHANSEY ACQUIFER & TO THE ADJACENT BODIES OF SURFACE WATER, CHESTNUT BRANCH AND ALCYON LAKE. NUMEROUS STUDIES HAVE BEEN PERFORMED WHICH DEFINE THE NATURE & EXTENT OF CONTAMINATION. THE HAZARDOUS SUBSTANCES WHICH HAVE BEEN FOUND IN THE RELEASE INCLUDE, INTER ALIA, BENZENE, VINYL CHLORIDE, BIS (2 CHLOROETHYL) ETHER, VINYL CHLORIDE, ETHYLBENZENE, & CHLOROBENZENE. MANY OF THESE HAZARDOUS SUBSTANCES ARE KNOWN OR SUSPECTED CARCINOGENS, TERATOGENS AND MUTAGENS.
Ten de minimis parties entered into a settlement. In 1994, the Court entered a Consent Decree in which Rohm & Haas, Owens-Illinois, and the Manor Defendants settled their liability for RODs I, II, and two discrete portions of ROD III for a payment of cash. Pursuant to a subsequent Consent Decree (the Remedial Action Work Decree), Rohm & Haas agreed to perform the work required under ROD III in the Âoff-s