EPA v. WADE LANDFILL

Case summary

WADE LANDFILL - CHESTER, PA, FILED 4/20/79, (AMENDED COM- PLAINT FILED 3/14/80 & 10/26/81), CIVIL ACTION #79-1426 US DISTRICT CT FOR THE EASTERN DISTRICT OF PA, THE WADE SITE WAS USED AS A DISPOSAL & STORAGE SITE PRINCIPALLY BY ABM DISPOSAL CO. FOR HAZARDOUS & SOLID WSTES. LOCATED ON THE SITE ARE SEVERAL THOUSAND DRUMS IN DETERIORATING CONDITION CONTAINING SOLID & HAZARDOUS WASTES, AS WELL AS 5 TANK TRUCKS IN VARIOUS STATES OF DISREPAIR. COMPLAINT ALLEGES THAT THE DETERIORATING CONDITION OF THE DRUMS & TANKS THREATENS CONTAMINATION OF GRND & SURFACE WTR. THE SITE IS LOCATED W/IN 1 BLK OF A RESIDENTIAL NGHBRHD, & IS BOUNDED BY THE DELAWARE RIVER ON THE EAST, THE PHILA ELEC CO ON THE NORTH & THE COMMODORE BARRY BRIDGE. AN EMPTY TANK OF LIQUIFIED NATURAL GAS OWNED BY THE UTILITY IS LOCATED SOME 15 FT FROM THE PROPERTY. NO BARRIER EXISTS TO PREVENT STRM WTR RUNOFF OR LIQUID WSTES FROM ENTERING THE RIVER. THE NATURE OF THE SITE PRESENTS A SUBSTANTIAL ENDANGERMNT TO PUBLIC HLTH & SAFETY. WSTES WERE DISPOSED OF AT THE SITE IN 55 GAL DRUMS, OR WERE POURED DIRECTLY ONTO THE GRND FROM DRUMS OR TANKERS. A FIRE IN FEB 1978 BURNED MANY OF THE DRUMS & ACCELERATED THEIR DETERIORATION. IN ADDIT'N TO THE OWNERS OF THE WADE SITE & THE ABM DISPOSAL CO, 38 GENERATORS WERE PURSUED AS POTENTIALLY RESPONSIBLE PARTIES. IN DEC 1981 32 OF THESE 38 GENERATORS AGREED TO A CASH SETTLEMENT. THE 6 NON-SETTLING GENERATORS WERE ADDED AS DEFENDANTS. RELIEF IS SOUGHT PURSUANT TO THE PROVISIONS OF SEC 7003 OF THE RCRA & SEC 106 OF CERCLA. COUNTS SUBSEQUENTLY ADDED FOR COST RECOVERY PURSUANT TO SEC 107 OF CERCLA.

Defendants (10)

• ABM DISPOSAL SERVICE CO., INC.
• APOLLO METALS INC.
• CONGOLEUM CORP.
• EASTERN RUBBER RECLAIMING,INC.
• ELLIS BARNHOUSE
• FRANKLIN P. TYSON
• GOULD, INC.
• LARRY H. SLASS
• MELVIN R. WADENamed in complaintNamed in settlement
• SANDVIK STEEL, INC.

Facilities (1)

• WADE DUMP

  1 FLOWER STREET, CHESTER, PA, 19013

  Registry ID: 110004849709

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• WADE LANDFILLentered 1986-09-26

  Primary law: CERCLA

  Federal penalty: $117,240

Timeline (8 milestones)

• 1979-03-01Referred To Headquarters
• 1979-03-27Referred To Dept Of Justice
• 1979-03-27Referred TO U.S. Attorney
• 1979-04-20Complaint Filed With Court
• 1986-09-26Final Order Lodged
• 1986-09-26Final Order Entered
• 1986-09-26Concluded
• 1986-09-26Enforcement Action Closed