RECOMMENDS THAT DOJ EITHER OBTAIN TOLLING AGREEMENTS OR FILE A COMPLAINT FOR COST RECOVERY UNDER CERCLA AGAINST TWO PARTIES WHO WERE NOT INCLUDED IN THE RECENTLY COMPLETED RD/RA CONSENT DECREE REGARDING CHEMSOL, INC. SUPERFUND SITE, LOCATED IN PISCATAWAY, MIDDLESEX COUNTY, NEW JERSEY.
This CERCLA Section 107 cost recovery action was initiated in Oct. 2000 against Mr. Mahan, the former president of Chemsol, Inc. which operated at the Chemsol Site from 1951 to approximately 1965. After initial disclosures and discussions between counsel for Mr. Mahan and the U.S., it was decided that the case could be settled on an ability to pay basis with the assistance of a mediator. As a result, mediation began in August 2001. In Nov. 2001, an amended complaint was filed against Transtech Industries, a successor company to Chemsol. For some unknown reason, instead of adding the party to the current case, the clerk of the court assigned the Transtech matter to another Judge with a new civil action number. In December 2002, the Transtech matter was consolidated into the Mahan case. Counsel for Transtech Industries joined the settlement discussions. Both Mahan and Transtech settled on an ability to pay basis. Tang Realty, a real estate holding company which currently owns the Site and is solely controlled by Mr. Mahan, was added as a party to the settlement since it must sell the Site and then provide the net proceeds to the United States.