EPA v. SUGARHOUSE REALTY INC

Case summary

ON 7/2/85, REG III INVESTIGATED A SITUATION INVOLVING THE IMPROPER STORAGE & DISPOSAL OF PCBS AT THE FORMER JACK FROST SUGAR HOUSE LOCATED IN PHILA, PA. THIS FACILITY HAD BEEN PURCHASED BY SUGARHOUSE REALTY, INC. ON 12/14/84. FURTHER INVESTIGATION SHOWED THAT THE SITE IS IN VIOLATION OF THE TSCA PCB REGS & IS PRESENTING AN IMMINENT & SUBSTANTIAL EN- DANGERMENT AS DEFINED BY CERCLA. IN ADDITION IT WAS DETER- MINED THAT THE SITE POSES AN UNREASONABLE RISK TO PUBLIC HEALTH & THE ENVIRONMENT FROM AN IMMINENTLY HAZARDOUS CHEMI- CAL UNDER SEC 7 OF TSCA. AS A CONSEQUENCE, ACTION WAS TAKEN IMMEDIATELY & ORAL REFERRAL PROCEDURES WERE USED. THE CASE SEEKS PERMANENT INJUNCTIVE RELIEF TO CLEAN UP ALL SPILLED PCBS. THE STATUTORY PROVISIONS INVOKED DO NOT PROVIDE A BASIS FOR THE RECOVERY OF CIVIL PENALTIES IN FED- ERAL COURT. THE COMPLAINT SEEKS PAYMENT OF COSTS BY DEFS. A COMPLAINT & CONSENT ORDER, EMBODYING TEMPORARY RELIEF, WERE FILED ON 8/19/85 & 8/21/85 RESPECTIVELY. A PERMANENT CD IS CURRENTLY UNDER NEGOTIATIONS. 05/04/88 => CASE NUMBER 03-86-E185 (CONTEMPT ACTION) COMBINED WITH THIS CASE AS AN AMENDMENT AND THEN DELETED. REG 3 REQUESTS DOJ TO FILE A MOTION TO SHOW CAUSE WHY DEF(SUGARHOUSE REALITY & WILLIAM H. THAYER) SHOULD NOT BE HELD IN CONTEMPT OF CONSENT ORDERS FILED IN THIS CASE. A COMPLAINT WAS FILED 08/19/85 IN FEDERAL DISTRICT COURT FOR EASTERN DISTRICT OF PA. UNDER TSCA, 15 USC SEC 2601 ET SEQ. AND CERCLA, 42 USE SEC 9601 ET SEQ. AGAINST THE DEFS. THE CASE AROSE OUT OF THE IMPROPER STORAGE & DISPOSAL OF PCBS AT THE FORMER JACK FROST SUGAR HOUSE LOCATED IN PHIL, PA. A DETERMINATION WAS MADE THAT THE SITE POSED AN UNREASONABLE RISK TO THE PUBLIC HEALTH & THE ENVIRONMENT FROM AN IMMINENT LY HAZARDOUS CHEMICAL UNDER SEC 7 OF TSCA & PRESENTED AN IMMINENT & SUBSTANTIAL ENDAGERMENT AS DEFINED BY CERCLA. DEFS CONSENTED TO THE ENTRY OF AN ORDER THAT PROVIDED FOR IMMEDIATE ACTION BY DEFS TO PREVENT PUBLIC ACCESS TO THE PCB CONTAMINATED AREAS OF THE FACILITY, POSTING OF WARNING SIGNS AND ENTRANCE INTO BINDING CONTRACT W/IN 48 HOURS OF ENTRY OF THE ORDER W/A COMPETENT CLEANUP CONTRACTOR FOR ASSISTANCE IN CLEANUP AT THE FACILITY. THIS ORDER WAS ENTERED ON 08/23/85. DEFS ALSO CONSENTED TO THE ENTRY OF A PARTIAL PRELIMINARY INJUNCTION REQUIRING THE FOLLOWING: 1) DRAINING & FLUSHING OF PCB TRANSFORMERS BY 12/16/85 2) REMOVAL & DISPOSAL OF ALL PCB TRANSFORMERS, PCB ITEMS, PCB CAPACITORS & HAZARDOUS SUBSTANCES IN ACCORDANCE W/ALL APPLICABLE FEDERAL, STATE & LOCAL LAWS BY 02/01/86; AND 3) REMOVAL & DISPOSAL OF ALL TRACH & LOOSE DEBRIS IN ACCORD- ANCE W/ALL APPLICABLE FEDERAL, STATE & LOCAL LAWS BY 02/01/86. THIS PARTIAL PRELIMINARY INJUNCTION WAS ENTERED BY THE COURT ON 11/20/85. 05/04/88 => CASE 03-87-E505 (CONTEMPT ACTION) COMBINED WITH THIS CASE AND THEN DELETED. THIRD CONTEMPT RERFERRAL - DEFENDATNS ARE IN VIOLATION OF DECREE REQUIREMENTS - FAILURE TO RENEW LETTER OF CREDIT AND FAILURE TO COMPLETE PCB CLEANUP.

Defendants (2)

• SUGARHOUSE REALTY INCNamed in complaintNamed in settlement
• THAYER, W HNamed in complaintNamed in settlement

Facilities (1)

• SUGARHOUSE REALTY

  1015-1021 PENN ST, PHILADELPHIA, PA, 19123

  Registry ID: 110010611953

Statutes cited

• TSCA 7 — Imminent Hazard

Enforcement conclusions (1)

• SUGARHOUSE REALTY, INC.entered 1986-05-23

  Primary law: TSCA

Timeline (7 milestones)

• 1985-08-15Referred To Headquarters
• 1985-08-19Referred To Dept Of Justice
• 1985-11-20Complaint Filed With Court
• 1986-05-23Final Order Lodged
• 1986-05-23Final Order Entered
• 1986-05-23Concluded
• 1996-05-30Enforcement Action Closed