EPA v. WARD-BURNS-DRACUP YOUNGSVILLE

Case summary

ROBERT. J. BURNS; DANIEL DRACUP; ROBERT E. WARD JR., ET AL. -YOUNGSVILLE, PA. FILED 10/3/80, CIVIL ACTION #80-1424. U.S.DIST. COURT FOR THE W DIST.. OF PA. BURNS AGREED TO REMOVE FOR WARD BARRELS OF PCB OIL STORED AT DRACUP'S WAREHOUSE IN YOUNGSVILLE, PA. PCB OIL STORED AT THE YOUNGSTOWN SITE CONTAMINATED SOIL & THREATENED TO CONTAMINATE SURFACEWTR & GRNDWTR IN POXIMITY TO DRINKING WTR. WARD TRANSFORMER CO, INC HAS BEEN BUYING, SELLING & REBUILDING USED ELEC. TRANSFORMERS IN THE EASTERN U.S. SINCE 1965. THE CO. DRAINED PCB CONTAMINATED FLUID FROM THE TRANSFORMERS & STORES IT IN TANKS & 55 GAL DRUMS AT ITS RALEIGH, N.C. FACILITY. IN EARLY 1978, WARD ENTERED INTO AN ORAL AGREEMENT WITH BURNS ON BEHALF OF WARD TRANSFORMER CO. FOR THE REMOVAL BY BURNS OF 32,560 GALLONS OF PCB FLUID FROM WARD TRANSFORMER. BURNS & DRACUP REMOVED THE DRUMS & STORED THEM IN A WAREHOUSE ON DRACUP'S PROPERTY. THE WAREHOUSE IS LOCATED APPROX. 150 YDS FROM THE YOUNGSVILLE MUNICIPAL BLD WHICH HOUSED THE WATER WELLS THAT PROVIDE THE SOLE WATER SUPPLY FOR THE 2200 RES. OF YOUNGSVILLE. IT IS ALSO APPROX. 1200 FT E OF BROKENSTRAW CREEK. THE CREEK FLOWS INTO THE ALLEGHENY RIVER & IS A TROUT FISHERY. ON MARCH 9, 1979, THE U.S. FILED A CIVIL ACTION UNDER THE TOXIC SUBSTANCES CONTROL ACT TO COMPEL BURNS, DRACUP & CO. TO COMPLY WITH THE PCB REGULATIONS REGARDING DRUM STORAGE. PCB'S ARE TOXIC TO SEVERAL AQUATIC INVERTEBRATES & TO FISH, ARE EXTREMELY PERSISTENT, ARE KNOWN CARCINOGENS & ARE BIOACCUMULATIVE. ANALYSIS OF LIQUID DRUM SAMPLES FROM THE SITE INDICATES A COMPOSITION OF APPROX. 40% PCB'S & 25% TRICHLOROBENZENE. SOIL ANALYSIS PERFORMED IN APRIL 1980 OF SAMPLES TAKEN FROM THE AREA OUTSIDE THE WAREHOUSE REVEALED PCB CONTAMINATION LEVELS OF 444,000 TO 520,000 PARTS/MILLION. SOILS BENEATH THE WAREHOUSE CONTAINED PCB'S IN CON- CENTRATIONS RANGING FROM 1,589 TO 4,842 PARTS/MILLION. RELIEF WAS SOUGHT PURSUANT TO SECTION 7003 OF THE RESOURCE CONSERVATION & RECOVERY ACT (THE WASTES ARE HAZD & POSE AN IMMINENT & SUBSTANTIAL ENDANGERMENT TO HEALTH & THE ENV.); SECTION 17 OF THE TOXIC SUBSTANCES CONTROL ACT (DEFENDANTS HAVE FAILED TO COMPLY WITH THE PCB REGULATIONS); COMMON LAW THEORY OF RESTITUTION; SECTION 311 OF THE CLEAN WATER ACT (EXPENDITURE OF FEDERAL MONIES HAS OCCURRED AND THE OWNERS & SITE OPERATORS ARE LIABLE FOR CLEANUP COSTS). ON APRIL 31, 1981, THE COURT ISSUED AN ORDER DISMISSING THE RCRA & NUISANCE COUNTS & RULING THAT COST RECOVERY FOR CLEANUP EXPENDITURES COULD ONLY BE COLLECTED UNDER SECTION 311 OF THE CLEAN WATER ACT & NOT UNDER SECTION 17 OF TSCA. AT THE TIME OF THE RULING, ABOUT 80% OF THE CLEANUP WAS COMPLETE. APPROX. $80,000 OF SECTION 104 CWA FUNDS HAD BEEN SPENT & ABOUT $900,000 OF SECTION 311 CWA MONIES HAD BEEN SPENT. SINCE THEN APPROX. $200,000 OF CERCLA FUNDS HAVE BEEN ALLOCATED TO COMPLETE CLEANUP. SOME OF THE CERCLA MONIES HAVE BEEN SPENT, AS OF AUG. 4, 1982. COURT-MANAGED SETTLEMENT NEGOTIATIONS ARE ONGOING WITH THE WARD DEFENDANTS (INDIV. & HIS WHOLLY-OWNED CO.); A DEFAULT JUDGMENT HAS BEEN ENTERED AGAINST BURNS; SOME VERY MINIMAL SETTLEMENT MAY BE REACHED WITH THE DRACUPS WHO ARE NEARLY INSOLVENT AT THIS POINT. (BURNS & WARD HAVE BEEN CONVICTED IN FED. DIST. COURT FOR THE ROADSIDE DUMPING OF PCB'S IN N.C.

Defendants (6)

• BURNS, ROBERTNamed in complaintNamed in settlement
• DANIEL DRACUP & CO.Named in complaintNamed in settlement
• DRACUP, CHARLOTTENamed in complaintNamed in settlement
• DRACUP, DANIELNamed in complaintNamed in settlement
• WARD TRANSFORMER INC.Named in complaintNamed in settlement
• WARD, ROBERT W., JR.Named in complaintNamed in settlement

Facilities (1)

• YOUNGSVILLE PCB SITE

  US RTE 6 & RAILROAD AVE, YOUNGSVILLE, PA, 16371

  Registry ID: 110010606503

Statutes cited

• RCRA RCRA — Res Conserv & Rec Act
• CERCLA CERCLA — Superfund
• TSCA 17 — Toxic Sub Control Act
• CWA 311 — Oil and Hazardous Substance Liability

Enforcement conclusions (1)

• WARD-BURNS-DRACUP YOUNGSVILLEentered 1985-01-31

  Primary law: CWA

  Federal penalty: $968,979

Timeline (8 milestones)

• 1980-09-24Referred To Headquarters
• 1980-10-01Referred To Dept Of Justice
• 1980-10-02Referred TO U.S. Attorney
• 1980-10-30Complaint Filed With Court
• 1985-01-31Final Order Lodged
• 1985-01-31Final Order Entered
• 1985-01-31Concluded
• 1996-11-06Enforcement Action Closed