# ABSOLUTE FIRE PROTECTION CO ET AL
> **Judicial** · FY1987 · — · Final Order With Specified Cost Recovery
## Case
- **Activity ID:** `2524`
- **Case Number:** 02-1987-0285
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Specified Cost Recovery
- **Penalty assessed:** —
- **Cost recovery:** $4.98M
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- ABSOLUTE FIRE PROTECTION (complaint) (settlement)
- ACCURATE FORMING DIVISION TYCO LAB'S (complaint) (settlement)
- ACTIVE OIL SERVICE (complaint) (settlement)
- ADCHEM CORP (complaint) (settlement)
- ADRON INC (complaint) (settlement)
- AE STALEY MANUFACTURING CO (complaint) (settlement)
- AIR PRODUCTS AND CHEMICALS, INC (complaint) (settlement)
- AKZO CHEMICALS INC (complaint) (settlement)
- ALCAN ALUMINUM CORP. (complaint) (settlement)
- ALCOLAC, INC (complaint) (settlement)
- ALLIED-SIGNAL INC, SUCC'R ALLIED CORP (complaint) (settlement)
- ALPHA METALS INC (complaint) (settlement)
- AMERADA HESS CORP (complaint) (settlement)
- AMERICAN CYANAMID CO., SUB SHULTON, INC (complaint) (settlement)
- AMERICAN PRODUCTS COMPANY INC. (complaint) (settlement)
- AMERICAN STANDARD INC. (complaint) (settlement)
- ARCO PETROLEUM PRODUCTS (complaint) (settlement)
- ASARCO INC FKA AMERICAN SMELTING (complaint) (settlement)
- ASHLAND OIL INC ASHLAND CHEM & DREW DIVS (complaint) (settlement)
- ASSOCIATED MARBLE CO (complaint) (settlement)
- ASTROPAK CORPORATION (complaint) (settlement)
- AT&T TECHNOLOGIES INC (complaint) (settlement)
- ATI, INC ON BEHALF OF CHEMSPRAY (complaint) (settlement)
- AUTOMATIC CONNECTOR INC (complaint) (settlement)
- AVANTE PRODUCTS CORPORATION (complaint) (settlement)
- AXTON CROSS COMPANY, INC (complaint) (settlement)
- BAROUH EATON ALLEN CORP (complaint) (settlement)
- BASF CORP, AS SUCC'R BASF WYANDOTTE CORP (complaint) (settlement)
- BATES MANUFACTURING CO. (complaint) (settlement)
- BAXTER HEALTHCARE CORP (complaint) (settlement)
- BEACON FAST FREIGHT CO. INC (complaint) (settlement)
- BECTON, DICKINSON AND COMPANY (complaint) (settlement)
- BENJAMIN MOORE & CO (complaint) (settlement)
- BIDDLE SAWYER CORP (complaint) (settlement)
- BIOCRAFT LABORATORIES, INC. (complaint) (settlement)
- BOC GROUP, INC, FKA AIRCO, INC (complaint) (settlement)
- BORDEN, INC. (complaint) (settlement)
- BORG-WARNER CHEMICALS, INC. (complaint) (settlement)
- BROWNING-FERRIS INDUSTRIES OF ELIZ N.J. (complaint) (settlement)
- CARBOLINE CO., BEHALF OF TOCH BROTHERS (complaint) (settlement)
- CARPENTER & CO, LE (complaint) (settlement)
- CARPENTER TECHNOLOGY CORPORATION, (complaint) (settlement)
- CECOS INTERNATIONAL, INC., (complaint) (settlement)
- CHEMICAL LEAMAN TANK LINES INC.AND SUB'S (complaint) (settlement)
- CHEVRON CHEM'L BEHALF KEWANEE-FORMER DIV (complaint) (settlement)
- CHEVRON USA INC BEHALF OF GULF OIL CORP. (complaint) (settlement)
- CIBA-GEIGY CORP INCLUDING TOMS RIVER CHE (complaint) (settlement)
- CLAIROL INC (complaint) (settlement)
- COCA-COLA FOODS, DIV COCA-COLA CO., (complaint) (settlement)
- COLGATE-PALMOLIVE CO., (complaint) (settlement)
## Summary

ARRANGEMENT FOR DISPOSAL, TREATMENT, AND TRANSPORTATION    OF HAZARDOUS SUBSTANCES WITHIN THE MEANING OF 107(A) OF      CERCLA IS THE VIOLATION UPON WHICH THIS ACTION IS BASED.       EPA SEEKS RECOVERY OF 100% OF EPA'S PAST RESPONSE COSTS    FOR (1) A CERCLA REMOVAL ACTION; (2) ITS PREDECESSOR         33 U.S.C. 1321 OIL DISCHARGE RESPONSE ACTION; AND (3) OTHER  RELATED LITIGATION AND CONTRACTUAL COSTS.                      THE FACTS OF THE KIN-BUC CASE ARE SOMEWHAT UNIQUE, IN THAT BOTH AN OWNER/OPERATOR GROUP AND GENERATOR/TRANSPORTER GROUP ARE IN EXISTENCE AND FINANCIALLY VIABLE.  BECAUSE THE        OWNER/OPERATORS, NON-SETTLORS IN THIS COST RECOVERY ACTION,  ARE CURRENTLY COMPLYING WITH EPA'S 106 CLEAN-UP ORDERS, THE  GOVERNMENT HAS AGREED TO COVENANT TO USE 'ALL REASONABLE     EFFORTS' TO SEEK FUTURE COSTS OR COMPEL FUTURE REPONSE       ACTIONS FROM THE NON-SETTLORS, BEFORE SEEKING SUCH RELIEF    FROM THE GENERATOR/TRANSPORTER SETTLORS.  THIS DOES NOT      CONSTITUTE A RELEASE OR 'COVENANT NOT TO SUE' UNDER CERCLA,  BUT IT DOES PLACE CERTAIN CONDITIONS ON THE POSSIBLE         FUTURE EXERCISE OF THE GOVERNMENT'S ENFORCEMENT AUTHORITY    WHICH MAY BE CITED AS PRECEDENT BY PRPS IN FUTURE COST       RECOVERY ACTIONS WHERE SIMILAR FACTS ARE PRESENTED.

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