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Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 1 of 10 PageID: 1
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`DAVID L. GORDON
`Senior Counsel
`U.S. Department of Justice
`Environment and Natural Resources Division
`Environmental Enforcement Section
`P.O. Box 7611, Ben Franklin Station
`Washington, D.C. 20044-7611
`(202) 532-5456
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`__________________________________________
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`UNITED STATES OF AMERICA,
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`Plaintiff,
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`v.
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`WYETH HOLDINGS LLC,
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`Defendant.
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`_________________________________________ )
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`Civil Action No. 21-cv-17075
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`COMPLAINT
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`1.
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`The United States of America, by authority of the Attorney General of the United
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`States and through the undersigned attorney, acting at the request of the Regional Administrator
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`of the United States Environmental Protection Agency (“EPA”) for Region 2, files this complaint
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`and alleges as follows:
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 2 of 10 PageID: 2
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`NATURE OF THE ACTION
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`2.
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`This is a civil action brought pursuant to Sections 106, 107, and 113(g)(2) of the
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`Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended,
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`42 U.S.C. §§ 9606, 9607 and 9613(g)(2) (“CERCLA”) related to the American Cyanamid
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`Superfund Site (the “Site”) in Bridgewater Township, Somerset County, New Jersey. In this
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`action, the United States seeks injunctive relief requiring Wyeth Holdings LLC (“Defendant”) to
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`abate the endangerment to the public health or welfare or the environment caused by the Site,
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`including to perform the remedy selected in the Record of Decision for Operable Unit 8, signed
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`in September 2018. The United States also seeks to recover costs incurred and to be incurred by
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`the United States in response to releases or threatened releases of hazardous substances at or
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`from the Site.
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`JURISDICTION AND VENUE
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`3.
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`This Court has jurisdiction over the subject matter of this action and over the
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`parties under 28 U.S.C. §§ 1331 and 1345 and Sections 107(a) and 113(b) of CERCLA, 42
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`U.S.C. §§ 9607 and 9613(b).
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`4.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and
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`Section 113(b) of CERCLA, 42 U.S.C. § 9613(b), because the releases or threatened releases of
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`hazardous substances that gave rise to this claim occurred in this district, and because the Site is
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`located in this district.
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`DEFENDANT
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`5.
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`Defendant Wyeth Holdings LLC is a Delaware corporation with its principal
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`place of business in New Jersey, and is a “person” within the meaning of Section 101(21) of
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`2
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 3 of 10 PageID: 3
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`CERCLA, 42 U.S.C. § 9601(21).
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`STATUTORY BACKGROUND
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`6.
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`CERCLA was enacted in 1980 to provide a comprehensive governmental
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`mechanism for abating releases and threatened releases of hazardous substances and other
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`pollutants and contaminants, and for funding the costs of such abatement and related
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`enforcement activities, which are known as “response” actions, 42 U.S.C. §§ 9604(a), 9601(25).
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`7.
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`Section 106(a) of CERCLA, 42 U.S.C. § 9606(a), provides in pertinent part:
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`[W]hen the President determines that there may be an imminent
`and substantial endangerment to the public health or welfare or the
`environment because of an actual or threatened release of a
`hazardous substance from a facility, he may require the Attorney
`General of the United States to secure such relief as may be
`necessary to abate such danger or threat . . .
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`Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), provides in pertinent part:
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`8.
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`Notwithstanding any other provision or rule of law, and subject
`only to the defenses set forth in subsection (b) of this Section –
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`(1)
`
`(2)
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`(3)
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`the owner and operator of a vessel or a facility,
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`any person who at the time of disposal of any hazardous
`substance owned or operated any facility at which such
`hazardous substances were disposed of, [and]
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`any person who by contract, agreement, or otherwise
`arranged for disposal or treatment, or arranged with a
`transporter for transport for disposal or treatment, of
`hazardous substances owned or possessed by such person,
`by any other party or entity, at any facility or incineration
`vessel owned or operated by another party or entity and
`containing such hazardous substances,
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`shall be liable for –
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`* * *
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`3
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 4 of 10 PageID: 4
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`(A)
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`
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`all costs of removal or remedial action incurred by the
`United States Government . . . not inconsistent with the
`National Contingency Plan . . .
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`SITE DESCRIPTION AND FACTUAL BACKGROUND
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`9.
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`The Site encompasses approximately 435 acres in Bridgewater Township, New
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`Jersey. The Site is generally bounded by NJ Transit to the north, the Raritan River to the west
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`and south, and Interstate 287 to the east. In addition, the Site includes a triangular parcel of land
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`situated between the Conrail freight rail line and the Raritan River in the Borough of Bound
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`Brook, New Jersey.
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`10.
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` The Site was used for chemical and/or pharmaceutical manufacturing operations
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`from 1915 to 1999.
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`11.
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`In December 1994, American Home Products Corporation purchased the
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`American Cyanamid Company, which owned the Site.
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`12.
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`In March 2002, American Home Products Corporation changed its name to
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`Wyeth Corporation, which in October 2009 was purchased by Pfizer Inc. and became a wholly
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`owned subsidiary of Pfizer, Inc. In October 2013, Wyeth Holdings Corporation changed its name
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`to Wyeth Holdings LLC; however it remained a wholly-owned subsidiary of Pfizer, Inc.
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`13.
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`During the time the Site was used for manufacturing, numerous organic and
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`inorganic chemical raw materials were used to produce products including rubber chemicals,
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`pharmaceuticals, dyes, pigments, chemical intermediates, and petroleum-based products.
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`14.
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`As a result of these manufacturing activities, 27 storage and disposal areas,
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`referred to as “impoundments,” were constructed and used at the Site.
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`4
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 5 of 10 PageID: 5
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`15.
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`Of the 27 impoundments at the Site, 21 were used for disposal of by-products of
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`rubber chemical production, dye production, and coal tar distillation, and/or for disposal of
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`general plant waste and demolition debris.
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`16.
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`Impoundments 1 and 2 contain acid tar, which was a byproduct from the refining
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`of light coal oil, and contain volatile organic compounds (“VOCs”), semi-volatile organic
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`compounds (“SVOCs”).
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`17.
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`Impoundments 3, 4, and 5 were used for disposal of process waste from
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`manufacturing and industrial operations and contain elevated levels of VOCs, SVOCs, and/or
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`metals.
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`18.
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`Impoundments 13, 17, and 24 were used for disposal of wastewater sludge and
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`contain elevated levels of VOCs, SVOCs, and/or metals.
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`19.
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`20.
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`Impoundments 15 and 16 were used for the disposal of iron oxide waste.
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`Groundwater underlying the Site is contaminated with VOCs, SVOCs, and
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`metals, including benzene, chlorobenzene, ethylbenzene and xylene.
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`21.
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`22.
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`Site soils contain VOCs, SVOCs, and inorganics.
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`The Site was placed on the National Priorities List (“NPL”) on September 8,
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`1983. The NPL is a national list of hazardous waste sites posing the greatest threat to health,
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`welfare, and the environment, and was established pursuant to Section 105 of CERCLA, 42
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`U.S.C. § 9605.
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`23.
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`Following the NPL listing in 1983, the New Jersey Department of Environmental
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`Protection (“NJDEP”) served as the lead governmental agency for the investigation and cleanup
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`of the Site.
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`5
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 6 of 10 PageID: 6
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`24.
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`Due to the nature and complexity of the Site, NJDEP separated the Site into seven
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`Operable Units.
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`25.
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`26.
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`In 2009, EPA assumed the role of the lead governmental agency at the Site.
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`In December 2010, investigations revealed that four seeps were observed along
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`the banks of the Raritan River discharging benzene among other VOCs.
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`27.
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`On July 19, 2011, EPA and Defendant entered into a Settlement Agreement and
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`Order on Consent (Docket No. CERCLA-02-2011-2015) requiring the design and construction
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`of a groundwater removal system to intercept and capture the releases of contaminated
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`groundwater originating from the Site into the Raritan River. The groundwater capture system
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`includes a collection trench, a containment wall, and an interim groundwater treatment plant.
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`This system was completed in May 2012 and is currently operating.
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`28.
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`On September 27, 2012, EPA, with NJDEP concurrence, issued a Record of
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`Decision for Operable Unit 4. The Record of Decision for Operable Unit 4 selected remedies to
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`address Site-wide soils, groundwater, and the contents of Impoundments 3, 4, 5, 13, 17 and 24,
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`but did not include the remedy for the contents of Impoundments 1 and 2. The Operable Unit 4
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`Record of Decision further encompasses the work to address seepages into the Raritan River as
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`previously set forth in the Settlement Agreement and Order on Consent (Docket No. CERCLA-
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`02-2011-2015).
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`29.
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`On December 8, 2015, the United States District Court for the District of New
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`Jersey entered a Consent Decree in United States v. Wyeth Holdings LLC, 15-cv-07153 (D.N.J.),
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`under which Defendant is performing the OU4 remedial action.
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`6
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 7 of 10 PageID: 7
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`30.
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`On September 25, 2018, EPA, with NJDEP concurrence, issued a Record of
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`Decision for Operable Unit 8, which selected a remedy to address the contents of Impoundments
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`1 and 2.
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`31.
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`On September 30, 2019, EPA and Wyeth entered into an Administrative
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`Settlement Agreement and Order on Consent, CERCLA Docket #02-2019-2003, to conduct the
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`remedial design of the remedy selected in the Operable Unit 8 Record of Decision.
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`GENERAL ALLEGATIONS
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`32.
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`The Site is a “facility” within the meaning of Section 101(9) of CERCLA, 42
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`U.S.C. § 9601(9).
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`33.
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`There have been releases or threatened releases of hazardous substances into the
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`environment at or from the Site, within the meaning of Sections 101(14), 101(22) and 107(a) of
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`CERCLA, 42 U.S.C. §§ 9601(14), 9601(22) and 9607(a).
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`34.
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`As a result of the releases or threatened releases of a hazardous substance at or
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`from the Site, EPA has incurred and will continue to incur response costs, within the meaning of
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`Sections 101(25) and 107 of CERCLA, 42 U.S.C. §§ 9601(25) and 9607, to respond to the
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`releases or threatened releases of hazardous substances at or from the Site.
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`35.
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`The response costs incurred by EPA in connection with the Site were incurred in a
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`manner not inconsistent with the National Contingency Plan, promulgated pursuant to
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`Section 105 of CERCLA, 42 U.S.C. § 9605, and codified at 40 C.F.R. Part 300.
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`FIRST CLAIM FOR RELIEF
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`36.
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`37.
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`Paragraphs 1-35 are realleged and incorporated herein by reference.
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`The President, through his delegatee, the Regional Administrator of EPA Region
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`
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`7
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 8 of 10 PageID: 8
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`2, has determined that there may be an imminent and substantial endangerment to the public
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`health or welfare or the environment because of a release or threatened release of hazardous
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`substances at or from the Site.
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`38.
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`Section 106(a) of CERCLA, 42 U.S.C. § 9606(a), authorizes the United States to
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`bring an action to secure such relief as may be necessary to abate a danger or threat at the Site.
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`39.
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`EPA, with NJDEP concurrence, selected in the Operable Unit 8 Record of
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`Decision a remedy to abate the dangers and/or threats caused by contaminants in Impoundments
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`1 and 2.
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`40.
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`Pursuant to Section 106(a) of CERCLA, 42, U.S.C. § 9606(a), Defendant is liable
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`to abate the endangerment to the public health or welfare or the environment caused by the Site,
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`including to perform the remedy identified in the Operable Unit 8 Record of Decision.
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`SECOND CLAIM FOR RELIEF
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`41.
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`42.
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`Paragraphs 1-40 are realleged and incorporated herein by reference.
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`Defendant is a person, or successor-in-interest to a person, who at the time of
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`disposal of a hazardous substance owned a facility from which there was a release or threatened
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`release of a hazardous substance, which has caused and continues to cause EPA to incur response
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`costs.
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`43.
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`Defendant is also the current owner of a facility from which there is a release or
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`threatened release of a hazardous substance, which has caused and continues to cause EPA to
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`incur response costs.
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`8
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 9 of 10 PageID: 9
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`44.
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`Pursuant to Section 107(a)(1) and (2) of CERCLA, 42 U.S.C. § 9607(a)(1) and
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`(2), Defendant is liable to the United States for all costs incurred and to be incurred by the
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`United States in connection with Site, including enforcement costs and interest on all such costs.
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`45.
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`Pursuant to Section 113(g)(2) of CERCLA, 42 U.S.C. § 9613(g)(2), the United
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`States is entitled to a declaratory judgment on liability that will be binding on any subsequent
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`action to recover further response costs at the facility.
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`
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`WHEREFORE, Plaintiff prays that this Court:
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`PRAYER FOR RELIEF
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`a.
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`Order Defendant to abate the endangerment to the public health or welfare or the
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`environment caused by the Site, including to perform the remedial action for the remedy selected
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`in the Operable Unit 8 Record of Decision;
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`b.
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`Order Defendant liable to reimburse the United States for all response costs
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`incurred relating to the Site, including interest, under Section 107(a) of CERCLA, 42 U.S.C.
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`§ 9607(a);
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`
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`c.
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`Pursuant to Section 113(g)(2) of CERCLA, 42 U.S.C. § 9613(g)(2), enter a
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`declaratory judgment on liability that will be binding on any subsequent action to recover further
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`response costs at the facility;
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`
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`d.
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`Award the United States its response costs in bringing this action, including the
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`costs of attorney time; and
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`e.
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` Grant such other and further relief as the Court deems appropriate.
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`9
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`

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`Case 3:21-cv-17075-AET-LHG Document 1 Filed 09/16/21 Page 10 of 10 PageID: 10
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`Respectfully submitted,
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`ELLEN MAHAN
`Acting Deputy Assistant Attorney General
`Environment and Natural Resources Division
`United States Department of Justice
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` _________________________________________
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`DAVID L. GORDON
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`Senior Counsel
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`Environmental Enforcement Section
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`Environmental and Natural Resources Division
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`U.S. Department of Justice
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`P.O. Box 7611, Ben Franklin Station
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`Washington, DC 20044-7611
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`(202) 514-3659
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`OF COUNSEL:
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`AMELIA M. WAGNER
`Office of Regional Counsel
`U.S. Environmental Protection Agency, Region 2
`290 Broadway, 17th Floor
`New York, NY 10007-1866
`(212) 637-3141
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`10
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