EPA v. SUPERIOR INDUSTRIES INC.

Case summary

SYNOPSIS OF THE CASE SUPERIOR INDUSTRIES, LTD. IS THE PRESENT OWNER OF A FACILITY LOCATED IN PHOENIXVILLE, PENNSYLVANIA. THE FACILI- TY WAS FORMERLY A PAINT AND COATING MANUFACTURING OPERATION OWNED AND OPERATED BY TURCO COATINGS, INCORPORATED ( TURCO ). ON JANUARY 3, 1980, TURCO COATINGS FILED UNDER CHAPTER 11 OF THE BANKRUPTCY CODE FOR REORGANIZATION. AS A RESULT OF TURCO'S FAILURE TO SUPPORT THE PETITION FOR RE- ORGANIZATION, THE LAND AND BUILDINGS WERE SOLD TO SUPERIOR INDUSTRIES, LTD. AT A SHERIFF'S SALE ON AUGUST 21, 1982. AT THE TIME OF THE SALE, A NUMBER OF DRUMS CONTAINING PAINT, SOLVENT, AND COATING WASTES WERE STORED AT THE FACILITY. TURCO HAD NOTIFIED EPA ON OCT. 20, 1980 AS A POTENTIAL HAZ- ARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITY UN- DER THE RESOURCE CONSERVATION AND RECOVERY ACT, 42 U.S.C. 6901 (RCRA). ON NOVEMBER 19, 1980, TURCO SUBMITTED A PART A RCRA APPLICATION LISTING THE ESTIMATED QUANTITIES OF HAZ- ARDOUS WASTE AT THE FACILITY. AT THE REQUEST OF THE PENNSYLVANIA DEPARTMENT OF ENVIRON- MENTAL RESOURCES ( DER'), THE PRESIDENT FO SUPERIOR INDUS- TRIES, LTD., MR. ANTHONY MIRABLE, AGREED TO PROPERLY DISPOSE OF ALL WASTES AT THE TURCO FACILITY. IN MAY OF 1982, DER ISSUED A TEMPORARY RCRA TRANSPORTATION IDENTIFICATION NUMBER TO BE USED FOR THE TRANSPORTATION OF HAZARDOUS WASTE FROM THE SITE. IN MAY AND JUNE OF 1982 EPA AND DER INSPECTED THE SITE AND FOUND THAT SUPERIOR INDUSTRIES WAS MAKING ADE- QUATE PROGRESS IN CLEANING UP THE SITE BY CONSOLIDATING THE DRUMS FOR OFF-SITE DISPOSAL. IN JANUARY OF 1983 EPA AGAIN INSPECTED THE FACILITY AND FOUND THAT CLEANUP OPERATIONS HAD CEASED. MR. BRUCE POTOKA OF REGION III OF EPA CONTACTED MR. MIRABLE REGARDING THE PROBLEM. MR. MIRABLE INFORMED MR. POTOKA THAT SUPERIOR INDUSTRIES COULD NOT AFFORD ANY ADDITIONAL CLEANUP. ON FEBRUARY 3, 1983, OFFICIALS FROM EPA, DER, AND THE LOCAL BOROUGH INSPECTED THE SITE. DURING THE INSPECTION, EPA OFFICIALS OBSERVED APPROXIMATELY 550 DRUMS OF PAINT, SOLVENT, AND COATING WASTE. THE DRUMS WERE STORED IN AN UNSECURED AREA WITHIN APPROXIMATELY 500 FEET OF PRIVATE RESIDENCES AND A FUEL OIL BUSINESS. EPA OFFICIALS FOUND THAT THE VAPOR FROM THE EXPLOSIVE LIMIT. THE BOROUGH FIRE MARSHALL ALSO REPORTED THAT THERE HAD BEEN SEVERAL FIRES ON THE SITE, INCLUDING ONE DURING JANUARY OF 1983. IN ADDI- TION, LOCAL OFFICIALS STATED THAT THE SITE WAS USED AS A SHORT-CUT AND HANG-OUT BY NEIGHBORHOOD CHILDREN. ON FEBRUARY9, 1983, BASED ON THREATS POSED BY EXPLOSION, FIRE, OR DIRECT CONTACT, EPA REQUESTED SUPERIOR INDUSTRIES BEGIN AN IMMEDIATE CLEANUP OF THE SITE. MR. POTOKA SENT A LETTER BY CERTIFIED MAIL TO SUPERIOR INDUSTRIES CONFIRMING THE ORAL NOTICE ON THAT SAME DAY. ON FEBRUARY 10, 1983, MR. MIRABLE INFORMED MR. POTOKA THAT SUPERIOR INDUSTRIES WOULD NOT TAKE ANY CLEANUP ACTION. ON FEBRUARY 11, 1983, EPA BE- GAN AN EMERGENCY REMOVAL ACTION PURSUANT TO SECTION 104 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT, 42 U.S.C. 9604, (CERCLA). THE REMOVAL ACTION WAS COMPLETED ON MARCH 11, 1983, IN- VOLVED THE REMOVAL AND PROPER DISPOSAL OF THE ON-SITE DRUMS. THE TOTAL COST OF THE REMOVAL ACTION WAS APPROXIMATELY $227,000. HOWEVER, THIS TOTAL IS SUBJECT TO HEADQUARTERS VERIFICATION OF A CONTRACTOR INVOICE.

Defendants (14)

• GARFINKEL, ALFRED E.Named in complaintNamed in settlement
• GEORGE, CARLNamed in complaintNamed in settlement
• HORSTMANN, ROBERT L.Named in complaintNamed in settlement
• IMPERVIOUS PAINT INDUSTRIES, LTD.Named in complaintNamed in settlement
• MIRABILE, ANNANamed in complaintNamed in settlement
• MIRABILE, ANTHONYNamed in complaintNamed in settlement
• MIRABILE, THOMASNamed in complaintNamed in settlement
• STULB, JOSEPHNamed in complaintNamed in settlement
• SUPERIOR INDUSTRIES, LTD.Named in complaintNamed in settlement
• MELLON BANK (EAST) NATIONAL ASSOCIATIONNamed in complaintNamed in settlement
• TURCO COATINGS, INC.Named in complaintNamed in settlement
• ANERICAN BANK & TRUST COMPANY OF PA.Named in complaintNamed in settlement
• ARTHUR C. MANGELS INDUSTRIES, INC.Named in complaintNamed in settlement
• FITCH, RICHARD A.Named in complaintNamed in settlement

Facilities (1)

• DANCO PREC INCORPORATED MANUFACTURING

  WHEATLAND & MELLON STS, PHOENIXVILLE, PA, 19460

  Registry ID: 110001117498

Statutes cited

• CERCLA 107 — Superfund
• CERCLA 104A — CERCLA 104(a)

Enforcement conclusions (1)

• SUPERIOR INDUSTRIES INC.entered 1986-10-24

  Primary law: CERCLA

Timeline (8 milestones)

• 1983-09-30Referred To Headquarters
• 1983-10-28Referred To Dept Of Justice
• 1984-03-20Referred TO U.S. Attorney
• 1984-05-16Complaint Filed With Court
• 1986-10-24Final Order Lodged
• 1986-10-24Final Order Entered
• 1986-10-24Concluded
• 1986-12-05Enforcement Action Closed