EPA v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, ET AL

Case summary

THE REFERRAL ADDRESSES AN IMMINENT HAZARD TO PUBLIC HEALTH AND THE ENVIRONMENT CAUSED BY HIGH LEVELS OF PCB'S IN SOIL ON THE PAOLI FACILITY AND ADJACENT RESIDENTIAL AND COMMERCIAL PROPERTY. THE PAOLI FACILITY CONSISTS OF A RAILYARD AND RELATED RAILCAR MAINTENANCE BUILDINGS. THE FACILITY SERVES AS A MAINTENANCE YARD AND TRANSFER STATION FOR COMMUTER TRAINS OPERATED BY THE SOUTHEAST PENNSYLVANIA PUBLIC TRANSIT AUTHORITY (SEPTA) AND LONG DISTANCE FREIGHT AND PASSENGER TRAINS OPERATED BY CONRAIL AND AMTRACK. THE PCB CONTAMINATION IS ATTRIBUATABLE TO LEAKS FROM RAILCAR-BASED ELECTRICAL TRANSFORMERS AND RAILCAR MAINTENANCE ACTIVITIES. CONTAMINATION LEVELS OF OVER 20,000PPM HAVE BEEN FOUND ONSITE AND LEVELS OF OVER 200PPM HAVE BEEN FOUND AROUND NEIGHBORING HOUSES. A CDC HEALTH ADVISORY, ISSUED 1/28/86, STATES THAT THE SITE IS A POTENTIAL PUBLIC HEALTH THREAT. THE PROPOSED COMPLAINT ALLEGES VIOLATIONS OF THE IMMINENT AND SUBSTANTIAL ENDANGERMENT PROVISIONS OF TSCA/7, CERCLA/106, AND RCRA/7003, AND REQUESTS AN ORDER REQUIRING THE ISOLATION OF THE CONTAMINATED FACILITY, TESTING TO DETERMINE CONTAMINATION LEVELS AND AREA, EXTENT, AND REMEDY OF THE PRESENT ENDANGERMENT.

Defendants (7)

• AMTRAKNamed in complaintNamed in settlement
• CONRAILNamed in complaintNamed in settlement
• SEPTANamed in complaintNamed in settlement
• CONSOLIDATED RAIL CORPORATIONNamed in complaintNamed in settlement
• NATIONAL RAILROAD PASSENGER CORPORATIONNamed in complaintNamed in settlement
• PENN CENTRAL CORPNamed in complaintNamed in settlement
• SOUTHEASTERN PA TRANSP. AUTHORITYNamed in complaintNamed in settlement

Facilities (1)

• PAOLI RAIL YARD

  RR SERVICE SHOP, PAOLI, PA, 19301

  Registry ID: 110009307749

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• TSCA 7 — Imminent Hazard
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste

Enforcement conclusions (2)

• PAOLI RAILROAD YARD, ET ALentered 1986-02-25

  Primary law: RCRA

• SEPTAentered 1999-04-20

  Primary law: RCRA

Timeline (7 milestones)

• 1986-02-07Enforcement Action Data Entered
• 1986-02-07Referred To Headquarters
• 1986-02-10Referred To Dept Of Justice
• 1986-02-25Referred TO U.S. Attorney
• 1986-02-25Complaint Filed With Court
• 1999-04-20Final Order Lodged
• 1999-04-20Final Order Entered