EPA v. INDUSTRIAL PARK DEVELOPMENT CORP.

Case summary

THE ABM-EDDYSTONE SITE IS LOCATED IN A MIXED INDUSTRIAL/ RESIDENTIAL AREA BETWEEN RT 291 & THE DELAWARE RIVER IN THE BORO OF EDDYSTONE, DELAWARE COUNTY, PA. THE SITE IS AN ABANDONED DUMPSITE APPROXIMATELY 5.5 AC IN AREA. AT THE TIME THAT EPA DECIDED TO TAKE ITS REMOVAL RE- SPONSE THE SITE CONTAINED MORE THAN 200 DRUMS, A PARTIALLY FULL TANKER TRUCK OF APPROXIMATELY 2000 GAL CAPACITY, SLUDGE IMPREGNATED & STAINED SOILS AROUND LEAKING & DETORIATING 55 GAL DRUMS, & AN ASSORTMENT OF SMALLER CONTAINERS. DAVID DOLGENOS, RONALD ALTMAN & NORMAN M. FEINBERG TRAD- ING AS IPDC ARE THE CURRENT OWNERS OF THE SITE & HAVE BEEN OWNERS SINCE 1971. IN 6/77, IPDC ENTERED INTO A LEASE W/ABM DISPOSAL SERVICE CO., INC., WHEREUNDER ABM WAS PERMITTED TO STORE TANK TRUCKS & TRAILERS AT THE SITE. ABM STORED THE WASTES ON THE SITE & SUBSEQUENTLY ABANDONED THOSE WASTES. ABM THEN FILED FOR BANKRUPTCY & ITS ASSETS WHERE PLACED INTO RECEIVERSHIP. A SITE INVESTIGATION BY THE EPA REG III FIELD INVESTIGA- TION TEAM IN 8/83 & SUBSEQUENT ANALYSES OF SITE INVESTIGA- TION SAMPLES SHOWED THE PRESENCE OF CARCINOGENIC & EXTREMELY TOXIC MATERIALS IN THE DRUM & THE SOIL. A FIELD INVESTIGA- TION BY EPA & NOAA ON 10/30/84 CONFIRMED THE PRESENCE OF TOXIC SUBSTANCES & IDENTIFIED EXTREMELY CORROSIVE WASTES ON THE SITE. HAZARDOUS SUBSTANCES FOUND IN THE CONTAINERS AND/ OR THE SOIL AT THE SITE INCLUDED TRICHLOROETHYLENE(TCE), CHROMIUM,ARSENIC, CHLOROBENZENE, CADMIUM, LEAD, PHENOL, 1,1,1,-TRICHLOROETHANE, CARBON TETRACHLORIDE & N-NITROSODI- PHENYLAMINE. IN 12/84, EPA MADE FUNDS AVAILABLE UNDER SEC 104 OF CERCLA TO RESPOND TO THE RELEASES & THREATENED RELEASES OF HAZARDOUS SUBSTANCES AT THE ABM-EDDYSTONE SITE. EPA THEN INCURRED RESPONSE COSTS OF $13,409.86 FOR EPA PAYROLL & TRA- VEL & EXPECTS TO RECEIVE BILLS IN EXCESS OF $440,000 FOR SITE INVESTIGATION, SAMPLING & OFFSITE DISPOSAL. THE RECOM- MENDED REMEDY IS RECOVERY OF EPA REMOVAL RESPONSE COSTS FROM IPDC PURSUANT TO SEC 107 OF CERCLA. THAT ACTION SHOULD BE SET FORTH IN A COUNTERCLAIM TO THE ACTION COMMENCED BY IPDC AGAINST U.S.A. & EPA OFFICERS. IPDC HAS BEEN ASKED DURING NEGOTIATIONS CONCERNING ITS ACTION AGAINST THE GOVERNMENT TO PAY THE RESPONSE COSTS & IPDC HAS REFUSED.

Defendants (1)

• INDUSTRIAL PARK DEVELOPMENT CORP.Named in complaintNamed in settlement

Facilities (1)

• ABM EDDYSTONE

  RT 291, EDDYSTONE, PA, 19013

  Registry ID: 110010633804

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• INDUSTRIAL PARK DEVELOPMENT COentered 1986-06-12

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-06-03Referred To Headquarters
• 1985-06-06Referred To Dept Of Justice
• 1985-06-10Complaint Filed With Court
• 1986-06-12Final Order Lodged
• 1986-06-12Final Order Entered
• 1986-06-12Concluded
• 1987-11-05Enforcement Action Closed