EPA v. BIG JOHN'S SALVAGE, INC. HOULT ROAD SITE

Case summary

THE HOULT ROAD SITE IS A 10-12 ACRE SALVAGE FACILITY OWN- ED BY BIG JOHN'S SALVAGE INC. IN FAIRMONT, WV. SHARON STEEL CORP. OWNS NEARBY PROPERTY CONTAMINATED VIA OFFSITE MIGRA- TION. FROM 1932 TO EARLY 1973, REILLY TAR & CHEMICAL CORP OPER- ATED A COAL TAR REFINERY AT THE FACILITY. IT PURCHASED ITS RAW MATERIAL FROM SHARON STEEL CO PLANT LOCATED NEARBY. WASTES FROM THE COAL TAR OPERATION WERE DISPOSED OF ONSITE. REILLY TAR SOLD THE PROPERTY IN 1973 TO BIG JOHN'S SALVAGE. SINCE THAT TIME, BIG JOHN'S HAS OPERATED A METAL, GLASS & OIL SALVAGING BUSINESS AT THE FACILITY. BIG JOHN'S TRANS- PORTED SRAP FLUORESCENT LIGHTBULBS & DRUMS CONTAINING HAZ- ARDOUS WASTES FROM THE NEARBY WESTINGHOUSE ELECTRIC CORP PLANT TO THE FACILITY. EMPLOYEES REPORTEDLY EMPTIED THE DRUMS' CONTENTS INTO HOLDING TANKS AT THE FACILITY. THEY CRUSHED THE EMPTY DRUMS & TOOK THEM TO ANOTHER BIG JOHN'S FACILITY. THEY PILED THE CRUSHED GLASS, ON AN UNLINED EARTH- EN SURFACE ON SITE.BIG JOHN WASHED THE GLASS & SOLD IT. ADDITIONALLY, AN OIL/WATER SEPARATOR INSTALLED AT THE FACIL- ITY BY REILLY TAR CONTINUED TO DISCHARGE INTO THE TRIBUTARY DURING BIG JOHN'S OWNERSHIP. SUBSTANCES TRANSPORTED TO THE SITE FROM WESTINGHOUSE IN 1980 & 1981 INCLUDED PETROLEUM DISTILLATES, XYLENE, TURPEN- TINE & SOLVENTS. SOME WERE CONTAMINATED W/MERCURY. DIS- CHARGES FROM THE OIL/WATER SEPARATOR INTO THE UNNAMED TRIB- UTARY OF THE MONONGAHELA RIVER & RUNOFF FROM THE COAL TAR WASTES ONSITE RESULTED IN THE CONTAMINATION OF THE TRIBUTARY W/POLYNUCLEAR AROMATIC HYDROCARBONS (PAHS). DISPOSAL OF COAL TAR WASTES ONSITERESULTED IN SOIL CONTAMINATION FROM THE DEPOSITS & LEACHING OF THE COAL TAR CONSTITUENTS.RUNOFF FROM THE CULLET PILE CONTAMINATED SOIL & TRIBUTARY SEDIMENTS W/HEAVY METALS SUCH AS MERCURY & LEAD. TO DATE, EPA HAS EXPENDED AT LEAST $517,429.40 IN FUNDS FROM THE SUPERFUND HAZARDOUS WASTE TRUST FUND. THE RECOMMEN DED REMEDY IS A COST RECOVERY ACTION PURSUANT TO CERCLA SEC 107, TO RECOVER RESPONSE COSTS FROM REILLY TAR & CHEMICAL, WESTINGHOUSE ELECTRIC CORP. & JOHN BOYCE, PRES OF BIG JOHN'S SALVAGE.THE DEPT OF JUSTICE WILL FILE A PROOF OF CLAIM A- GAINST BIG JOHN'S SALVAGE IN BANKRUPTCY COURT WHICH COVERS THE HOLT ROAD COSTS. REG III REQUESTS THAT EPA HEADQUARTERS REFER THIS CASE TO THE DEPT OF JUSTICE FOR COMMENCEMENT OF A CERCLA SEC 107 CIVAL ACTION AGAINST THE 3 DEFS.

Defendants (3)

• JOHN BOYCENamed in complaintNamed in settlement
• REILLY TAR & CHEMICAL CORP.Named in complaintNamed in settlement
• WESTINGHOUSE ELECTRIC CORP.Named in complaintNamed in settlement

Facilities (2)

• BIG JOHN SALVAGE INCORPORATED

  900 HOULT ROAD, FAIRMONT, WV, 26554

  Registry ID: 110007875870

• BIG JOHN SALVAGE INCORPORATED

  900 HOULT ROAD, FAIRMONT, WV, 26554

  Registry ID: 110007875870

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• BIG JOHN'S SALVAGE, INC.entered 1986-09-09

  Primary law: CERCLA

Timeline (8 milestones)

• 1985-05-22Enforcement Action Data Entered
• 1985-06-27Referred To Headquarters
• 1985-08-02Referred To Dept Of Justice
• 1985-10-01Complaint Filed With Court
• 1986-09-09Final Order Lodged
• 1986-09-09Final Order Entered
• 1986-09-09Concluded
• 1986-10-06Enforcement Action Closed