EPA v. UNION GAS COMPANY

Case summary

UNION GAS ( BRODHEAD CREEK SITE, STROUDSBURG, PA.). UNION GAS COMPANY (UNION GAS) IS A NATURAL GAS DISTRIBUTOR IN STROUDSBURG, PA. UNION GAS IS A SUCCESSOR TO A SERIES OF CORPORATIONS, WHICH OPERATED A COAL GASIFICATION PLANT UNTIL 1945 ON PROPERTIES PRESENTLY OWNED BY UNION GAS & PA. POWER & LIGHT CO. CITIZENS GAS CO., ONE OF UNION GAS'S CORP. PREDECESSORS, DISPOSED OF COAL TAR WASTES FROM THE COAL GASIFICATION PROCESS BY INJECTING WASTES INTO A GRAVEL LAYER BENEATH THE SURFACE OF ITS PROPERTY, NOW THE PROPERTY OF UNION GAS & PA. POWER & LIGHT CO. THE COAL TAR MIGRATED WITH THE GROUNDWATER TOWARD BRODHEAD CREEK, WHERE IT WAS OBSERVED SEEPING ONTO THE CREEK BANK IN OCT., 1980. AT THAT TIME, A TRENCH DUG BY THE PA. DEP . OF GEN. SERVICES FILLED UP WITH COAL TAR. EPA HAS SINCE OBSERVED COAL TAR SEEPING INTO BRODHEAD CREEK ITSELF. COAL TAR CONTAINS CHEMICALS SUCH AS NAPTHALENE, BENZENE, ANTHRACENE, & PHENANTHRENE, WHICH ARE HAZD SUBSTANCES UNDER THE COMPREHENSIVE ENV. RESPONSE, COMPENSATION, & LIABILITY ACT OF 1980 (CERCLA), 42 U.S.C. SS9601-9657. AFTER GIVING AN ORAL DEMAND TO UNION GAS AND 3 OTHER LANDOWNERS WHOSE PROPERTIES LIE OVER THE COAL TAR BED, EPA SPENT $464,500 IN AN EMERGENCY RESPONSE ACTION TO BLOCK THE CONT. SEEPING OF COAL TAR INTO BRODHEAD CREEK. INVEST. ARE UNDERWAY TO DETERMINE WHETHER REMEDIAL RESPONSE ACTION IS NEEDED. EPA'S EXPENDITURE OF $464,500 FORMS THE BASIS FOR A CAUSE OF ACTION AGAINST UNION GAS UNDER SECTION 107 OF CERCLA, 42 U.S.C. S9607. UNDER SECTION 107, UNION GAS MAY BE HELD LIABLE FOR THE COSTS INCURRED BY EPA IN ITS REMOVAL ACTION AT THE BRODHEAD CREEK SITE. A CERCLA SECTION 107 ACTION WAS REFERRED TO DOJ ON 6/14/82. OWPE CONCURRED, BUR RECOMMENDED THAT PA. POWER & LIGHT CO., ONE OF THE OTHER LANDOWNERS, BE JOINED AS DEF. IN THE ACTION. THIS SITE IS ON THE PROPOSED NPL.

Defendants (1)

• UNION GAS COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BRODHEAD CREEK

  S OF MAIN ST BRG, STROUDSBURG, PA, 18360

  Registry ID: 110009307954

Statutes cited

• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• CWA 311 — Oil and Hazardous Substance Liability
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• UNION GAS CO.(BRODHEAD CREEK)entered 1985-07-22

  Primary law: CERCLA

Timeline (8 milestones)

• 1982-03-31Referred To Headquarters
• 1982-05-25Referred To Dept Of Justice
• 1983-04-21Referred TO U.S. Attorney
• 1983-05-24Complaint Filed With Court
• 1985-07-22Final Order Lodged
• 1985-07-22Final Order Entered
• 1985-07-22Concluded
• 1987-09-30Enforcement Action Closed