which confirmed that hazardous chemicals were buried beneath Price's Landfill.
18. At no time has A.G.A. actively disposed of any wastes at the landfill or actively contributed to the migration of contaminants from the site. Nor, however, has A.G.A. taken any steps to prevent the flow of chemical wastes from the landfill or any other action to remedy the condition present there.
19. A.G.A. purchased the property, in an arm's length transaction, for $ 70,000.00. This price was substantially less than the fair market value of such a property, had it not been used as a landfill, but was a reasonable price given the prior use of the property.
II. State Action Will Not Be Effective
20. On two occasions, once in 1974 and again in 1976, the New Jersey Department of Environmental Protection (D.E.P.) commenced actions to remedy the potential hazard posed by Price's Landfill. Those actions proved ineffective.
21. In mid-1979, E.P.A. initiated a program designed to identify, investigate, and remedy problems caused by the improper disposal of hazardous wastes. In an attempt to avoid duplication of effort and to make the best use of available resources, E.P.A. and D.E.P. met on several occasions and agreed to divide between them responsibility for existing waste disposal sites in New Jersey.
22. At that time, Price's Landfill was identified as a source of groundwater pollution, and it was agreed that E.P.A. would have primary responsibility for investigating that site and pursuing appropriate corrective action.
23. In November of 1979, E.P.A. began a site review of the landfill and began to investigate the geohydrology of the area in an attempt to determine the extent of groundwater contamination that had occurred as a result of chemical dumping at the landfill and to evaluate the likely effect of that contamination on public and private wells located nearby.
24. Since November of 1979, E.P.A. has actively studied the extent of the problem posed by Price's Landfill. Based on this study, the United States instituted this action on December 22, 1980.
III. The Location and History of Price's Landfill
25. Price's Landfill occupies approximately twenty-two acres extending across the boundary of Egg Harbor Township and the Town of Pleasantville, New Jersey. The landfill is roughly rectangular in shape with its longitudinal axis running north and south along the west side of Mill Road. Spruce Street runs east and west along the north side of the property. The legal description of Price's Landfill is Block 36A, Lots 3 and 6 of Egg Harbor Township, and Block 190, Lot 3 of the Town of Pleasantville.
26. On January 18, 1960, Charles and Virginia Price purchased the property known as Price's Landfill from Richard and Betty Simon.
27. From the purchase in 1960 until approximately 1967, Charles Price excavated sand and gravel from the property for use in his road contracting business.
28. In about 1968, when the pit was excavated to within approximately two feet of the water table, people from the surrounding area began to dump trash into it. Price permitted this and he had a worker periodically collect the trash in one corner of the pit and cover it.
29. In 1969, Price began to operate the property as a landfill on a commercial basis.
30. From 1969 until the landfill was closed in 1976, Carl Price worked at the site and conducted the daily operations of the landfill. He supervised the other workers, directed the disposal of wastes, including chemicals, and reported daily to Charles Price on the operation of the landfill.
31. On June 11, 1970, Charles Price, d/b/a Price Trucking Company, applied to D.E.P. for a license to conduct a sanitary landfill operation at Price's Landfill. The application listed the materials that Price intended to accept at the landfill. Price's application specifically excluded "Chemicals (Liquid or Solid)," because Price did not, at that time, intend to dispose of chemical wastes.
32. Based on the June 11, 1970 application, D.E.P. issued a certificate permitting Price to operate Price's Landfill as a solid waste disposal facility. The certificate, which took effect on June 30, 1970, remained valid until June 30, 1971. During that time, the New Jersey State Sanitary Code required each landfill operator to submit a sanitary landfill design, which was to include a plot plan, topographical, geological and hydrological maps of the site and surrounding areas, drilling procedures, proposed final elevation of the fill, and detailed drawings of any dikes, dams, or other pollution protection devices that might be necessary. Charles Price was aware of this requirement.
33. Several bureaus within D.E.P., including the Bureau of Solid Waste Management, would review each application for certification and the accompanying engineering plan to determine whether the wastes that the operator had noted on the application would pose a threat to health or the environment, given the method of disposal and other factors indicated on the plan.
34. It was not until approximately September 29, 1971 that Price submitted an engineering plan to the D.E.P. The plan, which had been prepared by his son Ronald Price, a professional engineer, did not include any provision for the disposal of chemicals, despite the fact that the landfill was, at that time, accepting and disposing of chemical wastes. Charles Price never advised his son that the landfill was or would be accepting chemical wastes.
35. In May of 1971, Charles and Carl Price began to accept and dispose of chemical wastes at the landfill. The disposal of these wastes during 1971 occurred on a sporadic basis.
36. On June 30, 1971, Charles Price's permit to conduct a landfill operation at Price's Landfill expired. He did not file an application to renew his permit until February 11, 1972, and he never received a permit to operate for the period of June 30, 1971 to June 30, 1972. Price's February application was prompted by a D.E.P. letter of January 28, 1972, which notified Price that he had not submitted an application to renew his permit and threatened legal action if he did not promptly file such an application.
37. In his February 11, 1972 application, Price, for the first time, sought permission to accept and dispose of liquid and chemical wastes at the landfill. During this period, Price was accepting increased quantities of chemical wastes.
38. In response to Price's application, on June 30, 1972, D.E.P. granted Charles Price a certificate subject to the conditions that:
No liquid or soluble industrial wastes, petrochemicals, waste oils, sewage sludge, or septic tank wastes shall be received for disposal at this site.
Observation well(s) shall be constructed for monitoring ground water conditions no later than six (6) months from the date of issuance of the Certificate of Registration. Said observation well(s) shall be constructed according to standards established by the Department of Environmental Protection.