EPA v. BRYNER, JOHN JR.

Case summary

=> NITROGLYCERIN HAD BEEN MANUFACTURED AT THE OLD AMERICAN GLYCERIN PLANT, BUT MANUFACTURING OPERATIONS HAD CEASED IN OR ABOUT 1963. HOWEVER, VARIOUS DRUMS, CANS & EQUIPMENT REMAINED ON THE SITE IN DETERIORATING CONDITION. THESE CONTAINED VARYING AMOUNTS OF NITRIC ACID,NITROGLYCERIN ORTHONITROTOLUENE & DINITROTOLUENE, ALL HAZARDOUS SUBSTANCES => IN AUGUST OF 1984 A DRUM CONTAINING NITRIC ACID BURST AT THE SITE, & EPA WAS NOTIFIED. THE DEFENDANT, JOHN BRYNER JR WAS ASKED BY EPA TO DO A CLEANUP BUT DECLINED. HOWEVER EPA WAS GIVEN ORAL PERMISSION TO ENTER ON THE SITE AND PERFORM REMOVAL ACTIONS. => THE CLEAN-UP PROGRESSED WITHOUT SIGNIFICANT INCIDENT UNTIL NOV 28, 1984 WHEN JOHN BRYNER JR. CAME TO THE SITE WITH A LOADED RIFLE & STATED THAT HE WAS GOING TO SHOOT SOME CANS IN A LAGOON ON THE SITE TO PROVE THAT THEY DID NOT CONTAIN NITROGLYCERIN. THE EPA OSC WAS ABLE TO DISSUADE MR. BRYNER. => => HOWEVER, ON SAT DEC 1, 1984, MR BRYNER TOLD A MEMBER OF THE COAST GUARD, WHO WAS PART OF THE CLEAN-UP TEAM, THAT IF THE TEAM WAS NOT OFF THE SITE BY DEC 5, 1984 THEN MR BRYNER & A FRIEND WOULD START SHOOTING PEOPLE. ON DEC 3,1984 MR BRYNER RETURNED TO THE SITE & REPEATED HIS THREAT. MR BRYNER ALSO SAID THAT HE WAS SERIOUS ABOUT HIS THREATS. => THE ON SITE COORDINATOR (OSC) TOOK THE THREATS SERIOUSLY & ORDERED THE CLEAN-UP CREW TO LEAVE THE SITE EVEN THOUGH THE CLEANUP WAS NOT COMPLETE.

Defendants (1)

• JOHN BRYNER JR.Named in complaint

Facilities (1)

• OLD AMERICAN GLYCERINE

  DRONEY RD, LEWIS RUN, PA, 16738

  Registry ID: 110010633742

Statutes cited

• CERCLA 104E5 — Violation of 104(e) Compliance Order
• CERCLA 104E3 — Entry Access

Timeline (7 milestones)

• 1984-12-03Enforcement Action Data Entered
• 1984-12-18Referred To Dept Of Justice
• 1984-12-18Referred TO U.S. Attorney
• 1984-12-18Complaint Filed With Court
• 1984-12-18Concluded
• 1984-12-18Enforcement Action Closed
• 1984-12-18Referred To Headquarters