EPA v. METAL BANK OF AMERICA

Case summary

UNION CORP, METAL BANK OF AMER., PHILADELPHIA, PA, FILED 4/23/80, CIVIL ACTION #80-1589, US DIST CT FOR THE EASTERN DISTRICT OF PA. UNION CORP & METAL BANK OWN & OPERATE A DISPOSAL SITE ON THE BANK OF THE DELAWARE RIVER ON COTTMAN AVE IN PHILA. THE COMPLAINT ALLEGES THAT THE DEFENDANTS USED THE SITE TO DRAIN TRANSFORMERS CONTAINING PCB CONTAMINATED OIL, & SORTED THE WASTE OIL ON-SITE. ACCRDING TO THE COMPLAINT, SOIL, GRNWTR, & SURFACE WTR CONTAMINATIONN BY PCB'S HAS RESULTED FROM THE DEFENDANT'S STORAGE ACTIVITIES. COMPLAINT ASSERTS THAT EMPLOYEES OF THE DEFENDANTS DRAINED THE TRANSFORMERS OF OIL & PCB CONTENTS INTO AN UNDERGRND STORAGE TANK. THE PCB'S WERE ALLOWED TO LEAK FROM THE TANK INTO A LAYER OF FILL WHICH HAD BEEN PLACED ON THE SITE. ACCRDNG TO THE COMPLAINT, THERE ARE NOW POOLS OF OIL & PCBS IN THE SOIL BENEATH THE SITE. AS A RESULT, THE COMPLAINT ASSERTS, THE GRNDWTR UNDER THE SITE HAS BEEN CONTAMINATED W/ THE PCB'S. THE SUIT ALLEGES THAT PCB'S ARE IN OIL & WATER LAYERS UNDER THE SITE. IN 1980, THE UNITED STATES FILED A COMPLAINT, REFERENCED ABOVE, AGAINST THE SITE OWNERS UNDER RCRA, TSCA AND THE REFUSE ACT. IN AUGUST 1983, THE UNITED STATES AND METAL BANK SIGNED A STIPULATION, ENTERED BY THE COURT IN DECEMBER 1983, THAT REQUIRED METAL BANK TO INSTALL AND OPERATE A GROUNDWATER RECOVERY AND TREATMENT SYSTEM UNTIL ALL RECOVERABLE OIL WAS REMOVED FROM THE SITE. THE SYSTEM CONSISTED OF TWO RECOVERY WELLS, SEVERAL OIL SEPARATION UNITS, AND SEVERAL 55-GALLON DRUMS CONTAINING ACTIVATED CARBON TO TREAT GROUNDWATER. IN THE STIPULATION, THE PARTIES AGREED THAT THE PENDING ACTION WOULD BE PLACED IN THE SUSPENSE DOCKET OF THE DISTRICT COURT. THE STIPULATION DID NOT CONTAIN ANY PROVISION FOR TERMINATION OF THE ACTION, NOR ANY RELEASE FROM FUTURE LIABILITY. IN 1983, EPA INCLUDED THE SITE ON THE SUPERFUND NATIONAL PRIORITIES LIST, AND IN DECEMBER 1987, EPA SENT LETTERS TO INDIVIDUALS AND COMPANIES NOTIFYING THEM THAT THEY WERE POTENTIALLY RESPONSIBLE PARTIES UNDER CERCLA. EPA'S ALLEGATIONS WERE BASED ON INVOICES WHICH SHOW THAT THE PRPS SENT TRANSFORMERS AND OTHER ELECTRICAL EQUIPMENT TO THE SITE. ON JANUARY 13, 1989, METAL BANK NOTIFIED EPA PURSUANT TO THE STIPULATION THAT IT INTENDED TO SHUT DOWN THE OIL RECOVERY SYSTEM, STATING THAT ALL RECOVERABLE OIL HAD BEEN REMOVED. HOWEVER, IN MARCH AND AUGUST OF 1989, EPA TOOK SAMPLES FROM MONITORING WELLS WHICH SHOWED THAT A FLOATING LAYER OF OIL WAS STILL PRESENT IN SOME AREAS OF THE SITE. ON JUNE 12, 1989, THE DISTRICT COURT DENIED AS MOOT A MOTION BY THE UNITED STATES SEEKING TO PREVENT PERMANENT SHUTDOWN OF THE RECOVERY SYSTEM, THE UNITED STATES HAVING AGREED IN SUB- STANCE WITH AN ORDER PROPOSED BY METAL BANK EXTENDING THE PERIOD OF EPA TO CONDUCT SAMPLING UNTIL AUGUST 15, 1989. SUBSEQUENTLY, THE RECOVERY WELLS WERE PERMANENTLY CLOSED, AND THE OIL RECOVERY SYSTEM DISMANTLED AND REMOVED. THE AREA WAS COVERED WITH FILL AND VEGETATED. IN MAY 1991, EPA SIGNED AN ADMINISTRATIVE ORDER BY CONSENT WITH 10 GENERATOR PRPS COMPRISING THE COTTMAN AVENUE PRP GROUP TO CONDUCT A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY. THE SITE OWNERS, HOWEVER, DECLINED TO JOIN THE PRP GROUP. IN OCTOBER 1994, THE RI/FS REPORT WAS SUBMITTED TO EPA BY THE PRP GROUP. IN JANUARY 1995, THE PRP GROUP PERFORMED ADDITIONAL SEDIMENT SAMPLING IN THE DELAWARE RIVER, THE RESULTS OF WHICH WERE SUBMITTED TO EPA IN APRIL 1995. CONTAMINANTS FOUND AT THE SITE INCLUDE PCBS IN THE SOIL AND GROUNDWATER, METALS SUCH AS ARSENIC, BERYLLIUM, CHROMIUM, COPPER, LEAD, AND MERCURY, SEMI-VOLATILE ORGANIC COMPOUNDS SUCH AS METHYL ETHYL KETO

Defendants (4)

• UNION CORPORATIONNamed in complaintNamed in settlement
• IRVIN R. SCHORSCH, JR.Named in complaintNamed in settlement
• JOHN B. SCHORSCHNamed in complaintNamed in settlement
• METAL BANK OF AMERICANamed in complaintNamed in settlement

Facilities (1)

• METAL BANK OF AMERICA INCORPORATED

  6801 STATE ROAD, PHILADELPHIA, PA, 19135

  Registry ID: 110006858436

Statutes cited

• CERCLA 107 — Superfund
• TSCA 7 — Imminent Hazard
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (1)

• METAL BANK OF AMERICAentered 1983-12-13

  Primary law: RCRA

Timeline (9 milestones)

• 1980-04-04Enforcement Action Data Entered
• 1980-04-04Referred To Headquarters
• 1980-04-11Referred To Dept Of Justice
• 1980-04-17Referred TO U.S. Attorney
• 1980-04-23Complaint Filed With Court
• 1983-12-13Final Order Lodged
• 1983-12-13Final Order Entered
• 1998-09-30Concluded
• 1998-09-30Enforcement Action Closed