EPA v. TYSON, FRANKLIN P., ET AL

Case summary

BACKGROUND AND NATURE OF CASE THIS REFERRAL FROM REGION III INVOLVES RECOVERY OF FUNDS SPENT FOR AN IMMEDIATE REMOVAL ACTION AT THE TYSON'S DUMP SITE IN UPPER MERION TOWNSHIP, MONTGOMERY COUNTY, PENNSYLVANIA. THE SITE WAS ACTIVE FROM APPROXIMATELY 1961 TO 1969, DURING WHICH PERIOD IT CONSISTED OF A SERIES OF SEVEN LAGOONS WHICH WERE USED FOR THE DISPOSAL OF CESSPOOL AND INDUSTRIAL WASTES. THE SITE WAS OWNED AND OPERATED BY FRANK TYSON FROM 1960 UNTIL 1968, WHEN TYSON AND REPRESENTA- TIVES OF GENERAL DEVICES, INC., FORMED FAST POLLUTANT TREAT- MENT, INC., WHICH THEN PURCHASED AND OPERATED THE SITE UNTIL 1969. THE PROPERTY WAS ACQUIRED IN NOVEMBER 1969 BY GENERAL DEVICES, INC. GENERAL DEVICES IS NOT KNOWN TO HAVE DIS- POSED OF WASTES INTO THE LAGOONS AFTER THE TIME OF THEIR PURCHASE. GENERAL DEVICES CLAIMS THAT IT EMPTIED THE LAGOONS AND BACKFILLED THEM IN 1973. IN EARLY 1983, EPA BEGAN SAMPLING AT THE SITE AND FOUND SEVERAL HAZARDOUS SUBSTANCES IN THE SOIL AND IN SEEPS FROM THE SITE, AS WELL AS IN THE STREAM ADJACENT TO THE SITE. LEACHATE HAS BEEN DETECTED SEEPING FROM THE SITE AND MOVING IN THE DIRECTION OF THE NEARBY SCHUYLKILL RIVER. THE SUB- STANCES, DETECTED BOTH ON AND OFF-SITE, INCLUDED XYLENE, BENZENE, CHLOROFORM, ETHYLBENZENE AND TRICHLORETHYLENE. APPROXIMATELY 1000 PEOPLE LIVE AND WORK WITHIN 1/4 MILE OF THE SITE AND 5000 PEOPLE LIVE AND WORK WITHIN 1 MILE OF THE SITE. A WETLANDS AREA DIRECTLY ADJACENT TO THE SITE IS COVERED BY AN OIL-LIKE SHEEN AND HAS BEEN DAMAGED DUE TO CHEMICAL EXPOSURE. BASED UPON THE SAMPLE RESULTS, THE AGENCY DETERMINED THAT THERE WAS A RELEASE AND SUBSTANTIAL THREAT OF FURTHER RELEASES OF HAZARDOUS SUBSTANCES FROM THE SITE AND THAT AN EMERGENCY ACTION UNDER SECTION 104 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA), WAS NECESSARY AT THE SITE. EPA NOTIFIED THE RE- SPONSIBLE PARTIES KNOWN AT THE TIME, GENERAL DEVICES, INC., AND FRANK TYSON, OF THE NECESSARY RESPONSE. NEITHER PARTY VOLUNTEERED TO RESPOND TO THE RELEASE AND EPA UNDERTOOK THE NECESSARY RESPONSE UNDER CERCLA. THE ACTIONS TAKEN INCLUDED CONSTRUCTION OF AN ACCESS ROAD AND SUPPORT FACILITIES, CON- STRUCTION OF SECURITY FENCES, CONSTRUCTION OF SEDIMENT CON- TROL AND RUN-OFF DIVERSION STRUCTURES, CONSTRUCTION OF AN AIR STRIPPER WITH CARBON TREATMENT, LEACHATE COLLECTION AND PERFORMANCE OF A STUDY TO DETERMINE THE EXTENT OF CONTAMINA- TION. THE AGENCY SPENT APPROXIMATELY $385,000 IN RESPONDING TO THE RELEASES FROM THE SITE. THE AGENCY IS CURRENTLY ARRANGING A REMEDIAL INVESTIGATION AND FEASIBILITY STUDY FOR THE SITE TO DETERMINE WHAT FURTHER THREAT THE SITE MAY PRESENT AND WHAT FURTHER REMEDIAL WORK MAY BE NECESSARY. CAUSE OF ACTION IT IS RECOMMENDED THAT AN ACTION BE FILED UNDER SECTION 107 OF CERCLA FOR RECOVERY OF ALL COSTS INCURRED IN RESPOND- ING TO THE RELEASES AND THREAT OF RELEASES AT THE TYSON'S SITE AGAINST THE CURRENTLY KNOWN RESPONSIBLE PARTIES. THE PROPOSED DEFENDANTS INCLUDE FRANK TYSON, THE FORMER OWNER AND OPERATOR OF THE SITE; GENERAL DEVICES, INC., THE PRESENT OWNER OF THE SITE; CIBA-GEIGY CORPORATION, THE ONLY IDENTI- FIED GENERATOR AT THIS TIME; AND POSSIBLY FAST POLLUTANTS TREATMENT, INC., A FORMER OWNER AND OPERATOR OF THE SITE, THOUGH THEY MAY NOT EXIST AS A CORPORATION AT THIS TIME. THE REFERRAL LACKS COMPLETE COST DOCUMENTATION FOR APPROXIMATELY $134,000 OF THE $385,000 SPENT, THOUGH IT DOES INCLUDE MOST OF THE DOCUMENTATION FOR THE MAJOR CON- TRACTOR WHO PERFORMED THE REMOVAL WORK, WHICH TOTALS $251,000.. ACCORDINGLY, THE CASE IS BEING REFERRED TO RE- COUP THOSE COSTS THAT ARE DOCUMENTED. THE REGION AND OFFICE OF WASTE PROGRAMS ENFORCEMENT IS I

Defendants (6)

• GENERAL DEVICES INC.Named in complaintNamed in settlement
• SMITHKLINE BECKMAN CORPORATIONNamed in complaintNamed in settlement
• WYETH LABORATORIES, INC.Named in complaintNamed in settlement
• BUDD COMPANYNamed in complaintNamed in settlement
• CIBA-GEIGY CORPORATIONNamed in complaintNamed in settlement
• ESSEX GROUP, INC.Named in complaintNamed in settlement

Facilities (1)

• TYSONS DUMP

  UNOBTAINABLE, UPPER MERION TWP, PA, 19406

  Registry ID: 110009307703

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• TYSON, FRANKLIN P., ET ALentered 1988-06-21

  Primary law: CERCLA

Timeline (6 milestones)

• 1983-09-30Referred To Headquarters
• 1983-11-21Referred To Dept Of Justice
• 1983-12-06Referred TO U.S. Attorney
• 1984-05-31Complaint Filed With Court
• 1988-06-21Final Order Lodged
• 1988-06-21Final Order Entered