EPA v. KESSLER, STANLEY, COMPANY

Case summary

STANLEY KESSLER CO, INC., ET AL., KING OF PRUSSIA, PA FILED 9/2/80, CIVIL ACTION #80-3438, US DIST CT FOR THE EAST DIST OF PA. KESSLER IS A WELDING ROD & WIRE MANUFACTURING FACILITY LOCATED IN KING OF PRUSSIA, PA. ACCRDNG TO THE COMPLAINT, VOC'S, PRIMARILY TCE, USED IN MANUFACTURING OPERATIONS WERE DISPOSED OF AT THE FACILITY & ARE MIGRATING INTO & CONTAMINATING UNDERLYING GRNDWTR, & HAVE ENTERED & ARE LIKELY TO CON- TINUE TO ENTER THE UPPER MERION RESERVOIR, A PUBLIC WATER SUPPLY SERVING APPROX 800000 PEOPLE. AN AQUIFER KNOWN AS THE CONESTOGA FORMATION IS PARTIALLY LOCATED BENEATH THE SITE, AT AN APPROX DEPTH OF 65 FT. GRNDWTR IN THE AQUIFER MIGRATES TOWARDS THE RESEVOIR. KESSLER USES ORGANIC SOLVNTS TO DEGREASE WELDING WIRE DURING PRODUCTION. BEGINNING ABOUT 1960 & CONTINUING UNTIL 1980, SOLVENTS ARE ALLEGED TO HAVE BEEN DISPOSED OF THRU FLR DRAINS IN THE FACILITY WHICH DISCHARGE INTO 2 UNDERGRND TANKS. ACCRDNG TO THE COMPLAINT, THE 1000 GAL & 500 GAL TANKS WERE BUILT TO ALLOW THEIR CONTENTS TO LEAK INTO THE GRND. TRICHLOROETHYLENE (TCE), AN ORGANIC CHEM THAT'S A KNOWN CARCINOGEN;TETRAOGEN & MUTAGEN, HAS BEEN DETECTED IN LARGE QUANTITES IN THE 1000 GAL TANK, IN THE GRNDWTR BENEATH THE FACILITY, & IN THE RESERVOIR. THE SITE WAS LISTED ON THE NATIONAL PRIORITIES LIST IN SEPTEMBER 1983. ON 5/3/84, ORDER ENTERED WITH COURT PROVIDING THAT KESSLER CONDUCT ONE YEAR OF GROUNDWATER RECOVERY AND TREATMENT. AFTER EXPIRATION OF ORDER, KESSLER CONTINUES GROUNDWATER TREATMENT VOLUNTARILY.

Defendants (6)

• STANLEY KESSLERNamed in complaintNamed in settlement
• BEATRICE KLEVANNamed in complaintNamed in settlement
• MORTON KLEVANNamed in complaintNamed in settlement
• SAUL, JEFFREY
• STANLEY KESSLER & CO, INC.Named in complaintNamed in settlement
• THELMA KESSLERNamed in complaintNamed in settlement

Facilities (1)

• STANLEY KESSLER COMPANY

  103 QUEENS DR, KING OF PRUSSIA, PA, 19406

  Registry ID: 110001037510

Statutes cited

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

Enforcement conclusions (1)

• KESSLER, STANLEY, COMPANYentered 1991-01-07

  Primary law: CERCLA

Timeline (8 milestones)

• 1980-06-25Enforcement Action Data Entered
• 1980-06-25Referred To Headquarters
• 1980-07-23Referred To Dept Of Justice
• 1980-08-27Referred TO U.S. Attorney
• 1980-09-02Complaint Filed With Court
• 1991-01-07Final Order Lodged
• 1991-01-07Final Order Entered
• 1991-01-07Concluded