EPA v. GENERAL BATTERY CORPORATION, ET AL

Case summary

=> BETWEEN 1961 & 1971 ROBERT BROWN OPERATED A FACILITY FOR BREAKING BATTERIES & RECOVERY OF LEAD. INITIALLY PRICE BATTERY CORP. WAS BROWN'S EXCLUSIVE CUSTOMER. BROWN WOULD PICK UP THE BATTERIES FROM PRICE, BREAK THEM IN GROUPS, RECOVER THE LEAD PARTS, WASH & CRUSH THE CASINGS, & DISPOSE OF LIQUIDS IN THE BATTERIES & CASINGS ON SITE. BROWN WAS PAID PER BATTERY WHEN THE LEAD WAS RETURNED TO PRICE. THE CASINGS WAS USED AS FILL MATERIAL & AS A BASE FOR DRIVEWAYS ON THE PROPERTY. => ROBERT BROWN DIED IN 1971, AT WHICH TIME OPERATIONS CEASED. HIS WIFE, BARBARA BROWN, INHERITED THE PROPERTY. SHE SOLD IT TO TERRY & SUSAN SHANER IN 1977. IT WAS TRANSFERRED TO TERRY SHANER INDIVIDUALLY IN 1980. THREE RESIDENCES & A GARAGE ARE PRESENTLY LOCATED ON THE PROPERTY. => DURING THE SUMMER OF 1983, IT WAS DISCOVERED THAT CHILDREN LIVING ON THE PROPERTY HAD BLOOD LEAD LEVELS IN EXCESS OF LEVELS CONSIDERED BY THE CENTER FOR DISEASE TO POSE A POTENTIAL RISK OF ADVERSE HEALTH EFFECTS. => AN EXTENT OF CONTAMINATION STUDY REVEALED THAT AN ESTIMATED 24,700 CU YRDS. OF LEAD CONTAMINATED BATTERY CASINGS WERE PRESENT AT THE FACILITY. IN THE PRIMARY DISPOSA L AREA THE SOIL CONTAINED UP TO 70% LEAD. => AN IMMEDIATE REMOVAL ACTION WAS COMMENCED IN OCT, 1983 TO ELIMINATE THE THREAT OF DIRECT CONTACT TO LEAD, AN ACUTELY TOXIC SUBSTANCE, & THE RELEASE OF LEAD INTO THE AIR & GROUND & SURFACE WATERS. SPECIFIC ACTIONS TAKEN INCLUDED: RELOCATION OF FAMILIES RESIDING THERE. EXCAVATION OF BATTERY CASINGS & CONTAMINATED SOIL. FILLING SEEDING AND/OR GRAVELLING OF EXCAVATED AREAS. DECONTAMINATION OF THE RESIDENCES. => A TOTAL COST OF APPROX. $1,400,000 WAS INCURRED, & EPA IS FILING SUIT TO RECOVER SUPERFUND MONEY SPENT AT BROWN 'S BATTERY. THE TWO PRPS (SUSAN A. SHANER & TERRY L. SHANER, JR.) WERE REFERRED IN A PREVIOUS PRN UNDER CERCLA SECTION 106, BUT HAVE NEVER BEEN REFERRED UNDER CERCLA SECTION 107(A). IN ADDITION TO GENERAL BATTERY CORP AND TERRY SHANER, SR., THESE TWO PRPS HAVE SIGNED AN RD/RA AND COST RECOVERY CONSENT DECREE WITH THE UNITED STATES.

Defendants (40)

• SHELDON H. LIPSITZ, INC.Named in complaintNamed in settlement
• SIGAFOOS, FRANTZNamed in complaintNamed in settlement
• JULIAN C. COHEN SALVAGE CORPORATIONNamed in complaintNamed in settlement
• LARAMI METALS COMPANY, INC.Named in complaintNamed in settlement
• LEVENE'S SONS, INC.Named in complaintNamed in settlement
• LEVIN, WALTERNamed in complaintNamed in settlement
• MALCO METALS TRADING, INC.Named in complaint
• MIDWAY TRUCK SERVICENamed in complaintNamed in settlement
• MILLENS BARNEY SCRAP & IRON CONamed in complaintNamed in settlement
• MILLENS, B. SONS, INC.Named in complaintNamed in settlement
• AMERICAN SCRAP CO.Named in complaintNamed in settlement
• BEN WEITSMAN & SONS, INC.Named in complaintNamed in settlement
• DECKER BROTHERS INC.Named in complaintNamed in settlement
• DECKER SCRAP IRON & METALS, INCNamed in complaintNamed in settlement
• DENNIS, ROUMMNamed in complaintNamed in settlement
• DIMENICHI, BARBARA, BROWNNamed in complaintNamed in settlement
• EFFRON, CHARLES & SONNamed in complaintNamed in settlement
• FIRST CAPITAL RECYCLING, INC.Named in complaintNamed in settlement
• FULTON IRON & STEEL CO., INC.Named in complaintNamed in settlement
• GENERAL BATTERY CORPORATIONNamed in complaintNamed in settlement
• GLOSSER, M., & SONS, INC.Named in complaintNamed in settlement
• GOULD, INCNamed in complaintNamed in settlement
• GRANDE SCRAP METALS, INC.Named in complaintNamed in settlement
• H. SAKESPEARE & SONS, INC.,Named in complaintNamed in settlement
• HARRY TIDERMANNamed in complaintNamed in settlement
• …and 15 more

Facilities (1)

• BROWN'S BATTERY BREAKING

  FISHER LANE RD, SHOEMAKERSVILLE, PA, 19555

  Registry ID: 110009307963

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 113 — Superfund
• CERCLA 104A — CERCLA 104(a)
• CERCLA 107 — Superfund

Enforcement conclusions (4)

• GENERAL BATTERY SHANER, T. RYentered 1996-06-03

  Primary law: CERCLA

• GENERAL BATTERY ( DECKER )entered 1995-01-26

  Primary law: CERCLA

• GENERAL BATTERY (M. GLOSSER & SONS, DIMENICHI, BARentered 2000-01-11

  Primary law: CERCLA

• GENERAL BATTERY SHAKESPEAREentered 1995-01-26

  Primary law: CERCLA

Timeline (6 milestones)

• 1984-09-17Enforcement Action Data Entered
• 1984-09-27Referred To Headquarters
• 1984-11-15Referred To Dept Of Justice
• 1985-03-14Complaint Filed With Court
• 1999-09-13Final Order Lodged
• 2000-01-11Final Order Entered