EPA v. A.H.-R.S. COAL CORP, IN RE

Case summary

NATURE OF THE CASE: (SUPERFUND SITE) SINCE 1974, THE A.H.-R.S. COAL CORP HAS OWNED A PAR- CEL OF LAND IN BRUIN, BUTLER CTY, PA, AT WHICH IT OPERAT- ED A COAL WASHING FACILITY(BRUIN LAGOON). UNTIL 1978 A.H. -R.S. USED A LAGOON AT THE SITE FOR THE DISPOSAL OF COAL FINES FROM THE COAL WASHIMG FACILITY. THE LAGOON IS LOC- ATED ADJACENT TO THE SOUTH BRANCH OF BEAR CREEK WHICH FLOWS INTO THE ALLEGHENY RIVER. THE LAGOON WAS CONST IN 1937 BY A FORMER OWNER, THE ULTRA PENN REFINING CO. ULTRA PENN USED THE LAGOON FOR THE DISPOSAL OF AT LEAST 2500,000 GALLONS OF WASTES IN- CLUDING SULFURIC ACID SLUDGES, SULFONATES & CAUSTICS. AN- OTHER FORMER OWNER BRUIN OIL CO, DEPOSITED 150,000 GAL'S OF SPENT OIL FILTERING MATERIAL WHICH INCLUDED VARIOUS HEAVY METALS DURING A PD FROM 1965 TO 1968. SINCE 1978, NO WASTES HAVE BEEN DISPOSED OF IN THE LAGOON. DUE TO THEIR PREDOMINANTLY LIQUID NATURE, THE VARIOUS WASTES IN THE LAGOON HAVE EXTENSIVELY INTERMING- LED. ANALYSIS OF SAMPLING CONDUCTED BY THE PA DEPT OF ENVIRONMENTAL RESUORCES (DER) & A CONSULTANT INDICATE THE PRESENCE OF MANY HAZ SUBSTANCES IN THE LAGOON. THESE IN- CLUDE: MERCURY, LEAD, CYANIDE, COPPER, CHROMIUM, CADIUM & BERLIUM. IN 1968, AN ESTIMATED 3,000 GAL'S OF WASTE, WHICH WERE RELEASED FROM THE LAGOON, ENTERD THE SOUTH BRANCH OF THE BEAR CREEK. THE RELEASED WASTES PRODUCED A FOAM COVER ON THE ALLEGHENY RIVER, AT PLACES 3 TO 4 FEET THICK, WHICH WAS OBSERVED UP TO 190 MILES AWAY. DER ESTIMATED THAT 4 MILLION FISH WERE KILLED DUE TO TOXIC NATURE OF THE SUBSTANCES RELEASED. IN ADDITON, MANY PUBLIC DRINKING WATER SUPPLIES WERE CONTAMINATED & THEIR USE TEMPORARILY DISCONTINUED. ALTHOUGH OF LESS DISASTROUS PROPORTIONS, ADDITIONAL RELEASES HAVE OCCURRED RECENTLY & A SUBSTANTIAL THREAT OF RELEASE CONTINUES TO EXIST. ON 9/1/81, THE EXPENDITURE OF SUPERFUND MONIES FOR EMERGENCY ACTIONS AT THE LAGOON WAS AUTHORIZED PURSUANT TO SEC 104 OF CERCLA. BY 9/18/81, THE FOLLOWING EMERGENCY ACTIONS WERE COMPLETED BY A CONTRACTOR: 1) IMPROVEMENT OF DIKE IMPERMEABILITY & STABILITY; 2) INSTALLATION OF A SECURITY FENCE; & 3) INSTALLATION OF A CATCHMENT BASIN. AN INVOICE IN THE AMT OF $20,038.95 HAS BEEN SUBMITTED FOR THIS WORK. IT IS ANTICIPATED THAT EXPENDITURE OF ADD- ITIONAL SUPERFUND MONIES FOR REMEDIAL ACTIONS WILL BE AP- PROVED IN THE NEAR FUTURE. SUCH ACTIONS WILL INCLUDE STABILIZING THE CONTENTS OF & CAPPING OF THE LAGOON. REGN 3 HAS RECOMMENDED THAT AN ACTION BE FILED PUR- SUANT TO SEC 107 OF CERCLA, 42 USC SEC 9607, FOR RECOUP- MENT OF THE COSTS INCURRED & TO BE INCURRED IN RESPONDING TO THE ACTUAL & THREATENED RELEASES OF HAZ SUBSTANCES FROM THE BRUIN LAGOON SITE. AS REQUIRED BY AGENCY POLICY A.H.-R.S. WAS NOTIFIED OF THE EXISTENCE OF ACTUAL & THRE- ATENED RELEASES & HAS FAILED TO TAKE THE NECESSARY EMERG- ENCY ACTIONS. TOTAL CLAIMS SOUGHT: $1,222,446.04 TOTAL RECOVERED : $0.0 TOTAL SPENT : $1,955,127.92

Defendants (1)

• A.H. - R.S. COAL CORPORATIONNamed in complaint

Facilities (1)

• BRUIN LAGOON

  RTE 268, BRUIN, PA, 16022

  Registry ID: 110009308070

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (8 milestones)

• 1982-07-07Referred To Headquarters
• 1982-10-19Referred To Dept Of Justice
• 1983-12-20Referred TO U.S. Attorney
• 1983-12-20Complaint Filed With Court
• 1988-05-23Final Order Entered
• 1988-05-23Concluded
• 1988-05-23Enforcement Action Closed
• 1988-05-23Final Order Lodged