EPA v. BORG-WARNER

Case summary

THE CASE SUMMARY CAN BE THE SAME FOR THIS AS FOR THE PREVIOUS YORK OIL COMPLAINT, EXCEPT THAT NOW THE PAST COST IS AT LEAST $5 MILLION; THIS COMPLAINT SEEKS RECOVERY OF ALL RESPONSE COSTS INCURRED BY THE UNITED STATES IN CONNEC- TION WITH THE FIRST OPERABLE UNIT AT THE SITE; AND THE DEFENDANTS IN THIS COMPLAINT ARE ALL COMPANIES WHICH ARRANGED FOR TREATMENT OR DISPOSAL OF HAZARDOUS SUBSTANCES WHICH WERE DISPOSED OF AT THE YORK OIL SITE. OPERATIONS AT THE YORK OIL SITE WERE COMMENCED BY PEIRCE BROTHERS OIL SERVICE IN 1953. THE SITE WAS OPERATED AS AN OIL WASHING FACILITY UNTIL 1965. THE OIL WASHING CONDUCTED AT THE SITE WAS ESSENTIALLY A RECYCLING PROCESS; AN OIL SLUDGE RESULTING FROM THIS PROCESS WAS DUMPED INTO ONE OF THREE UNLINED LAGOONS ON THE SITE. DURING THESE YEARS, WASTE OIL WAS COLLECTED BY NUMEROUS TRUCK DRIVERS IN THE NORTH EAST FROM INDUSTRIAL GENERATORS, GAS STATIONS AND CAR DEALERSHIPS. THE OIL COLLECTED BY THE DRIVERS WAS DEPOSITED AT VARIOUS PBOS STORAGE FACILITIES, INCLUDING THE CASTLETON AND CENTRAL SQUARE FACILITIES BEFORE BEING SHI PPED TO THE YORK OIL SITE FOR WASHING. OIL FROM THE VARIOUS SOURCES WAS MIXED TOGETHER AT THESE STORAGE FACILITIES. THERE ARE NO RECORDS OF WHERE THE OIL WAS PICKED UP, MUCH LESS THE AMOUNTS. ALTHOUGH OIL COLLECTED AT THE PBOS STORAGE FACILITIES WAS SHIPPED TO THE SITE, IT WAS ALSO SHIPPED TO WALTHAM, MASSACHUSETTS AND TO A REFINERY IN NEW JERSEY. * NOTE: AS PER SUPERFUND TRUST FUND COLLECTION REPORT YORK OIL SITE HAD PAID THE AMOUNT OF $65,461.00 ON 06/08/92. AS PER ATTORNEY ELENA KISSEL THE AMOUNT BELONGS TO A CONSENT ORDER.

Defendants (8)

• CRUCIBLE MATERIALS CORPNamed in complaint
• GENERAL ELECTRIC COMPANYNamed in complaint
• GENERAL MOTORS CORPNamed in complaint
• NIAGARA MOHAWK POWER CORPNamed in complaint
• BORG-WARNER CORPNamed in complaint
• CHRYSLER CORPNamed in complaint
• INTERNATIONAL BUSINESS MACHINES CORPNamed in complaint
• USAIR, INC.Named in complaint

Facilities (1)

• YORK OIL CO.

  N LAWRENCE RD, MOIRA, NY, 12957

  Registry ID: 110009342416

Statutes cited

• CERCLA 107A — Cost Recovery

Timeline (5 milestones)

• 1982-12-28Referred To Dept Of Justice
• 1992-04-30Enforcement Action Data Entered
• 1992-04-30Complaint Filed With Court
• 1993-05-31Concluded
• 1993-05-31Enforcement Action Closed