EPA v. HAVERTOWN PCP SITE - ROGERS ESTATE

Case summary

THE ROGERS ESTATES IS THE OWNER OF THE PROPERTY KNOWN AS THE HAVERTOWN PCP SITE, ON WHICH IS LOCATED A WOOD PRESER- VING BUSINESS OPERATED BY NATIONAL WOOD PRESERVERS, INC., LESSEE. THE SITE IS LOCATED IN HAVERFORD TOWNSHIP, DELAWARE COUNTY, PA., APPROXIMATELY 10 MILES WEST OF PHILADELPHIA. FROM 1947, WHEN NWP WAS FOUNDED, AND FOR SEVERAL YEARS THEREAFTER, NWP DISPOSED OF WASTE OIL CONTAINING PCP BY PLACING IT DOWN A WELL ON THE ROGERS PROPERTY WHWERE NWP'S BUSINESS IS LOCATED. CONSEQUENT SUBSURFACE CONTAMINATION BY OIL/PCP OCCURRED, AS WELL AS THE EVENTUAL DISCHARGE OF THE OIL/PCP MIXTURE INTO NAYLOR'S RUN CREEK FROM 2 SEWER PIPES. IN 1976, THE U.S.A. INITIATED CERTAIAN CLEANUP ACTIVITIES PURSUANT TO SEC 311 OF THE CWA, 33 U.S.C. SEC 1321. (THE U.S.A. HAS FILED A SEPARATE ACTION TO RECOVER ITS SEC 311 COSTS; THAT MATTER IS STILL IN LITIGATION.) SINCE THAT TIME A SYSTEM OF FILTER FENCES HAS BEEN INSTALLED TO MITIGATE THE DISCHARGE INTO THE CREEK UNTIL THE LARGER CAUSE OF THE PROB- LEM CAN BE ADDRESSED (SUBSURFACE CONTAMINATION). IN 12/82, THE SITE WAS PLACED ON THE NATIONAL PRIORITIES LIST. A REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ), UNDER THE DIRECTION OF THE STATE OF PA., WILL BEGIN SHORTLY TO ADDRESS THE LONG TERM SUBSURFACE CONTAMINATION PROBLEM. RESPONSE COSTS THRU 2/22/85, TOTAL $62,150.52. EPA HAS OBLIGATED $513,000 TO THE STATE OF PA. FOR PERFORMANCE OF THE OF THE RI/FS, AND AN ADDITIONAL $9,500 FOR CONTRACT MAN- AGEMENT SUPPORT. EPA IS UNABLE TO ESTIMATE ACTUAL CLEANUP COSTS AT THIS TIME. THE ROGERS ESTATE HAS BEEN GIVEN THE OPPORTUNITY TO PER- FORM THE RI/FS; BECAUSE ACCOUNTANTS FOR THE ESTATE HAVE MOVED TO DISTRIBUTE IT, THE ESTATE HAS DECLINED THAT OPPOR- TUNITY. THIS RECOUPMENT ACTION IS PROPOSED TO PREVENT THAT DISTRIBUTION.

Defendants (3)

• GIRARD BANK, EXECUTORNamed in complaint
• ROGERS, CLIFFORD A. JR., EXECUTORNamed in complaint
• BURKE, THOMAS J., EXECUTORNamed in complaint

Facilities (1)

• NATIONAL WOOD PRESERVERS INC

  EAGLE ROAD & P R R, HAVERTOWN, PA, 19083

  Registry ID: 110007754634

Statutes cited

• CERCLA 107 — Superfund

Timeline (7 milestones)

• 1985-02-22Enforcement Action Data Entered
• 1985-03-07Referred To Headquarters
• 1985-03-29Referred To Dept Of Justice
• 1985-08-16Referred TO U.S. Attorney
• 1985-08-23Complaint Filed With Court
• 1988-04-20Concluded
• 1988-04-20Enforcement Action Closed