EPA v. PRINTED CIRCUITS INC. SITE

Case summary

THIS IS AN ACTION UNDER CERCLA SEC 107, 42 USC SEC 9607 TO RECOVER APPROXIMATELY $250,000 FROM PRINTED CIRCUITS,INC. (PCI) & MILLARD & JUDITH B. HENDRICKSON, FOR COSTS INCURRED BY EPA IN CONDUCTING A REMOVAL ACTION. PCI & THE HENDYS HAD BEEN ORDERED TO CONDUCT THE REMOVAL ACTION PURSUANT TO SEC 106 OF CERCLA, 42 USC SEC 9606, BUT THEY FAILED TO DO SO. ON 2/28/85, AN ANONYMOUS CALLER REPORTED ON-GOING DUMPING AT THE PCI FACILITY IN LEVITTOWN, PA. PCI MANUFACTURES PRINTED CIRCUIT BOARDS FOR THE ELECTRONICS INDUSTRY & PRO- DUCES WASTES WHICH TYPICALLY CONSIST OF SOLVENTS, ACIDS, BASES & METALS. INVESTIGATION & SAMPLING BY EPA REVEALED HIGH LEVELS OF HEAVY METALS IN THE SOIL AROUND THE SITE. DIRECT EXPOSURE TO HEAVY METALS SUCH AS THOSE FOUND AT PCI MAY CAUSE A VARIETY OF ILLNESS IN HUMANS & SUCH METALS ARE BIOACCUMULATIVE. APPROX. 150 DRUMS OF UNKNOWN CONTENTS, SOME MARKED CORROSIVE OR FLAMMABLE , WERE STORED ON THE SITE IN AN UNSECURE MANNER. WHEN ADVISED OF THE CONTAMINATION ON THE PROPERTY, THE COMPANY'S VICE PRESDIDENT AGREED TO INSTALL A FENCE AROUND T HE AREA IN WHICH THE DRUMS WERE STORED, BUT REFUSED TO CLEAN UP THE SOIL CONTAMINATION AT THE SITE. PCI DID ARRANGE FOR REMOVAL OF THE DRUMS. EPA APPROVED THE EXPENDITURE OF SUPERFUND MONEY ON 5/8/85 TO CONDUCT AN IMMEDIATE REMOVAL ACTION AT THE SITE. ON 5/13/ 85 AN ORDER ISSUED PURSUANT TO SEC 106 OF CERCLA 42 USC SEC 9606 WAS DELIVERED TO ROBERT MITCHELL, GENERAL MANAGER OF PCI. THE ORDER WAS ISSUED TO THE HENDYS, THE OWNERS OF THE PROPERTY. NEITHER PCI NOR THE HENDYS COMPLIED W/THE ORDER W/IN THE REQUIRED DEADLINES. REMOVAL WORK BEGAN AT THAT TIME. REMOVAL OF SOME DRUMMED WASTES & INSTALLATION OF FENC- ING AROUND THE REMAINING DRUMS, WERE THE ONLY RESPONSE AC- TIONS TAKEN BY EITHER DEF. SHORTLY AFTER REMOVAL ACTIVITIES BEGAN, PREVIOSLY UNKNOWN CONTAMINATION BY ORGANIC CHEMICALS WAS DISCOVERED. A FORMER PCI EMPLOYEE INFORMED THE OSC THAT ORGANIC STRIPERS, TCE & LEAD SLUDGE HAD BEEN DUMPED ON SITE BY PCI. THE REMOVAL AC- TION CONSISTED PRIMARILY OF EXCAVATION, STOCKPILING & TRANS- PORTATION FOR DISPOSAL OF CONTAMINATED SOILS. BY MID-JULY, ALL THE CONTAMINATED SOIL HAD BEEN LOADED INTO TRUCKS & TA- KEN TO EVERGREEN LANDFILL IN NORTHWOOD, OH. THE AFFECTED AREA WAS GRADED & SEEDED, COMPLETELY RESTORING THE FORMERLY CONTAMINATED GROUND. A CRIMINAL INVESTIGATOR ACCOMPANIED THE OSC WHEN THE IN- ITIAL INSPECTION OF THE SITE WAS CONDUCTED & A CRIMINAL IN- VESTIGATION COMMENCED AT THAT TIME. THAT INVESTIGATION IN- VOLVING THE PCI SITE, MANY OF THE SAME FACTS & POSSIBLY THE SAME PARTIES, IS STILL PENDING. THERE IS A SIGNIFICANT PO- TENTIAL FOR THESE DEFS TO TRANSFER ASSETS TO AVOID LIABIL- ITY. THE DEFS MAY BECOME AWARE OF THE CRIMINAL INVESTIGATION WHICH COULD INCREASE THE POSSIBILITY THAT ASSETS WILL BE TRANSFERRED TO AVOID LIABILITY. IN LIGHT OF THIS, REG 3 FEELS IT IS IMPORTANT THAT THIS CASE BE PURSUED AS EXPEDITI- OUSLY AS POSSIBLE. IT SHOULD BE POSSIBLE TO PURSUE THE CIVIL ACTION WHILE NOT RELEASING INFORMATION THROUGH DISCOVERY WHICH MIGHT COMPROMISE THE CRIMMINAL INVESTIGA- TION.

Defendants (6)

• CIFLEX SYSTEMS, INC.Named in complaintNamed in settlement
• HENDRICKSON, J.Named in complaintNamed in settlement
• HENDRICKSON, M.Named in complaintNamed in settlement
• LEEDS & NORTHROP CO., INC.Named in complaintNamed in settlement
• PRINTED CIRCUITS, INC.Named in complaintNamed in settlement
• SCAN DATA SALES CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• PRINTED CIRCUITS INCORPORATED

  1615 MANNING BLVD, LEVITTOWN, PA, 19057

  Registry ID: 110000701900

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• PRINTED CIRCUITS, INC., ET ALentered 1989-09-07

  Primary law: CERCLA

Timeline (7 milestones)

• 1986-06-30Referred To Headquarters
• 1986-08-22Referred To Dept Of Justice
• 1986-12-02Complaint Filed With Court
• 1989-09-07Final Order Lodged
• 1989-09-07Final Order Entered
• 1989-09-07Concluded
• 1989-10-07Enforcement Action Closed