The Industrial Latex Site is located in the Borough of Wallington, Bergen County, New Jersey. From 1951 to 1983, the Industrial Latex Corporation manufactured natural and synthetic rubber compounds and chemical adhesives at the Site. In 1986, the EPA initiated a removal action to address some of the contaminants found at the Site. On March 30, 1989, the Site was linsted on the NPL. Thus, the removal and remedial actions were federally funded.
On Sept. 30,1992, EPA issued a ROD setting forth the remedy needed for the Site. On April 10, 1996, EPA issued and ESD to document some changes in the remedy set forth in the ROD. The remedial actions were subsequently completed and the Site was de-linted from the NPL on April 21, 2003.
There are no viable potentially responsible parties for this Site. Therefore, on Jan.5,1988, EPA perfected a lien on the Site (a/k/a the Defendant Property )pursuant to Section 107(i) of CERCLA,42 U.S.C. 9607(I), to secure the value of the Site as collateral for all costs the United States incurred relating to the Site.
Some other parties also claimed to have a security interest in the Site, namely, the State of New Jersey, the New Jersey Spill Compensation Fund, Jerry Lippman, Lipwall, Inc. and the BOrough of Wallington (collectively referred to as the Interested Parties ). On July 17,2001, the U.S. DOJ filed an action under Section 107 of CERCLA, 42 U.S.C. 9607 seeking cost recovery on behalf of EPA. It was an in rem action filed agai