EPA v. LEHIGH ELEC & ENGINEERING CO.

Case summary

LEHIGH ELEC & ENGINEERING CO., INC. - OLD FORGE, PA FILED CIVIL ACTION #81-0460, US DIST CT FOR THE MID DIST OF PA AS PART OF ITS ELECT EQUIPMNT SERVICING OPERATION, DEFENDANT LEHIGH MAINTAINS A STORAGE & DISPOSAL FACILITY IN OLD FORGE, PA. PCB'S HAVE BEEN DRAINED OR SPILLED FROM TRANSFORMERS & CAPACITORS STORED ON SITE, CONTAMINATING THE SOIL & THREATENING THE ADJACENT LACKAWANN RIVER. THE COMPLAINT ALLEGES THAT THE CO'S OLD FORGE SITE IS UNDIKED & WAS UNFENCED, & THAT MANY OF THE TRANSFORMERS & CAPACITORS STORED THERE ARE PARTIALLY OR COMPLETELY FILLED W/PCB'S. SAMPLING OF THE CONTENTS OF SOME OF THE EQUIPMNT REV'LED PCB CONCENTRATIONS OF UP TO 563000 PRTS/MIL. PCB'S WERE ALSO DETECTED IN THE SOIL AT CONCENTRAT'NS RANGING FROM 64-5, 250 PPM. A FENCE WAS ERECTED BY EPA, USING SEC 104 CWA FUNDS IN SPRING OF 1981. THE FACILITY IS ON THE BANK OF THE LACKAWANNA RIVER, A NAVIGABLE WTRWY ALSO USED FOR RECREATION. NO BARRIER EXISTS BETWEEN THE SITE & THE RIVER TO PREVENT PCB MIGRATION. SOIL TESTING OF THE RIVERBANK REVEALED PCB CONCENTRT'NS OF 278 PPM. THE SUIT ALLEGES THAT PCB'S ARE LIKELY TO MIGRATE INTO THE RIVER IN QUANTITIES THAT POSE A THREAT TO HLTH & THE ENVIRONMENT. EPA OBTAINED A WARRANT TO GAIN TEMPORARY ACCESS TO THE SITE TO MORE EXTENSIVELY SAMPLE SOIL CONTAMINAT'N & TO REMOVE CONTAMINATED SAND ON THE RIVERBANK. THE SAND HAS BEEN REMOVED BY EPA TO AN UPLAND LOCATION. PCB'S ARE HIGHLY TOXIC TO SEVERAL AQUATIC INVERTABRATES AND TO FISH AT EXTREMELY LOW CONCENTRAT'NS (1 PPB). THEY ALSO INTERFERE W/ THE FUNCTIONS OF PHYTOPLANKTON, THE AQUATIC ORGANISMS WHICH ARE THE BASIS OF THE ENTIRE MARINE ECOSYSTEM. PCB'S ARE KNOW CARCINOGENS, ARE BIOACCUMULATIVE, & ARE EXTREMELY RESISTANT TO CHEM BREAKDOWN. RELIEF IS SOUGHT UNDER S. 7003 OF RCRA(THE WASTES ARE HAZARDOUS SUBSTANCES & PRESENT AN IMMINENT & SUBSTANTIAL ENDANGERMNT TO HLTH & THE ENVIRONMNT) & SEC 17(A) OF THE TOXIC SUBSTNCES CNTRL ACT (THE OLD FORGE FACILITY IS NOT IS COMPLIANCE W/PCB RULES PROMULGATED UNDER THE AUTHORITY OF SEC 6(E) OF ACT.)

Defendants (3)

• JOSEPH J. MENN, JR.Named in complaintNamed in settlement
• LEHIGH ELEC & ENG CO, INCNamed in complaintNamed in settlement
• MARY R. MENN, ESTATE OFNamed in complaintNamed in settlement

Facilities (1)

• LEHIGH ELECTRIC & ENGINEERING CO.

  BRIDGE & HOWARD STS, OLD FORGE, PA, 18518

  Registry ID: 110009308276

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• TSCA 17 — Toxic Sub Control Act
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• LEHIGH ELEC & ENGINEERING COentered 1983-06-24

  Primary law: CERCLA

Timeline (8 milestones)

• 1981-04-03Referred To Headquarters
• 1981-04-06Referred To Dept Of Justice
• 1981-04-06Referred TO U.S. Attorney
• 1981-04-06Complaint Filed With Court
• 1983-06-24Final Order Lodged
• 1983-06-24Final Order Entered
• 1983-06-28Concluded
• 1983-06-28Enforcement Action Closed