EPA v. ALCAN ALUMINUM CORP. ET AL

Case summary

A CERCLA SECTION 107 COST RECOVERY ACTION NECESSARY TO RECOVER APPROXIAMATELY $735,000.00 WHICH EPA HAD EXPENDED AT THE BUTLER TUNNEL HAZARDOUS WASTE SITE. THE DEFENDANTS, NOW NUMBERING 23 SEPARATE PRP'S, ARE GENERATORS OF THE HAZARDOUS WASTES DUMPED AT THE SITE. DEFENDANTS ARE ALSO OPERATORS OF THE DUMP SITE. 09/30/95: ON SEPTEMBER 29, 1995, THIS PRN CONCERNING THE BUTLER TUNNEL SITE IN PITTSTON TOWNSHIP, LUZERNE COUNTY, PENNYSLVANIA HAS BEEN PREPARED IN ANTICIPATION OF NEGOTIATIONS FOR PERFORMANCE OF REMEDIAL ACTION AND RECOVERY OF RESPONSE COSTS UNDER SECTIONS 106 AND 107 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED ( CERCLA ), 42 U.S.C. SECTION 9606 AND 9607. EPA ANTICIPATES THAT IT WILL ISSUE A RECORD OF DECISION ( ROD ) FOR THIS SITE IN JUNE 1995. EPA HAS PREPARED A PROPOSED REMEDIAL ACTION PLAN ( PROPOSED PLAN ) WHICH WAS ISSUED ON SEPTEMBER 30, 1994. SPECIAL NOTICE LETTERS FOR REMEDIAL DESIGN/REMDIAL ACTION { RD/RA } ARE EXPECTED TO BE ISSUED CONCURRENTLY WITH THE ISSUANCE OF THE ROD. EPA SUBMITTED TO THE DEPARTMENT OF JUSTICE ( DOJ ) A CIVIL LITIGATION REPORT FOR THIS SITE ON JUNE 30, 1987 SEEKING REMOVAL COSTS INCURRED BY EPA AT THE SITE AS A RESULT OF THE SEPTEMBER 1985 RELEASE FROM THE BUTLER TUNNEL. SEVENTEEN POTENTIALLY RESPONSIBLE PARTIES ( PRPS ) ENTERED INTO A CONSENT ORDER WITH EPA TO PERFORM THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) AT THE SITE IN MARCH 1987. THESE PARTIES ALSO ENTERED INTO A CONSENT DECREE TO REIMBURSE EPA FOR REMOVAL COSTS ASSOCIATED WITH THE ADDITIONAL PARTIES ENTERED INTO A SECOND CONSENT DECREE WITH THE UNITED STATES FOR REMOVAL COSTS ASSOCIATED WITH THE SITE. THE UNITED STATE SHAS WON A JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF RECOVERY OF THE REMAINDER OF THE REMOVAL COSTS ($473,790.18) PRN FOR RD/RA AT BUTLER MINE TUNNEL SITE. THE 64 PRPS ARE ALLEGED TO HAVE ARRANGED FOR THE DISPOSAL OF HAZARDOUS SUBSTANCES AT A FACILITY (A BOREHOLE ) AT THE LOCATION OF THE ITI-WAY AUTO SERVICE STATION IN PITTSTON, PA. EPA HAS PREPARED THE PRN IN ANTICIPATION OF NEGOTIATIONS FOR PERFORMANCE OF THE REMEDIAL DESIGN/REMEDIAL ACTION OF THE REMEDY SELECTED IN THE ROD THAT WAS ISSUED ON JULY 15, 1996. SPECIAL NOTICE LETTERS WILL BE ISSUED TO PRPS ADVISING THEM OF THEIR POTENTIAL LIABILITY UNDER SECTION 107(A) OF CERCLA 42 U.S.C. SECTION 9607(A). 17 PRPS PREVIOUSLY ENTERED INTO A CONSENT ORDER WITH EPA TO PERFORM THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY ( RI/FS ) FOR THE SETTLE. AN ADDITIONAL 2 PRPS ENTERED INTO A CONSENT DECREE FOR REIMBURSEMENT OF EPA'S PART REMOVAL COSTS. THE UNITED STATE HAS ALSO DID A JUDGEMENT AGAINST ALCAN ALUMINUM COMPANY FOR THE REMAINDER OF REMOVAL COSTS, ($473,790.18), WHICH IS CURRENTLY THE SUBJECT OF A PETITION FOR CERTIORARI TO THE U.S. SUPREME COURT.

Defendants (68)

• MOBIL OIL CORPORATION
• ROCKWELL INTERNATIONAL CORPORATION
• BASF CORP.Named in complaintNamed in settlement
• ABB COMBUSTION ENGINEERING SYSTEMS DIVIS
• ALCAN ALUMINUM CORP.Named in complaintNamed in settlement
• AMERADA HESS CORPORATION
• AUBURN TECHNOLOGY, INC. (FORMERLY ALCO
• ROYAL CROWN COMPANY, INC.
• SHEPARD NILES, INC.
• MACK TRUCKS, INCORPORATED
• MILLER BREWING
• MILLER BREWING COMPANY
• MOBILE DREDGING AND PUMPING
• NEAPCO INCNamed in settlement
• NEAPCO, INC.Named in complaint
• NIAGARA MOHAWK POWER CORPORATION
• OLD DOMINION FREIGHT LINES
• PABST BREWING COMPANY
• POTOMAC ELECTRIC POWER COMPANY
• PRAT-WHITNRYNamed in complaint
• REVERE COPPER PRODUCTS, INC.
• REYNOLDS METALS COMPANY
• ROME STRIP STEEL, CO., INC.Named in complaintNamed in settlement
• SIGNATURE FLIGHT SUPPORT CORPORATION
• SMITH CORONA CORPORATION
• …and 43 more

Facilities (1)

• BUTLER MINE TUNNEL

  SUSQUEHANNA RIVER, PITTSTON, PA, 18640

  Registry ID: 110009322580

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107 — Superfund

Enforcement conclusions (3)

• ALCAN ALUMINUM CORP. ET ALentered 1990-01-17

  Primary law: CERCLA

• ALCAN ALUMINUM CORP. ET ALentered 1990-07-23

  Primary law: CERCLA

• ALCAN ALUMINUM CORP.entered 1995-06-28

  Primary law: CERCLA

Timeline (10 milestones)

• 1987-06-30Enforcement Action Data Entered
• 1987-06-30Referred To Headquarters
• 1987-08-19Referred To Dept Of Justice
• 1988-06-23Returned To Region
• 1989-01-04Rereferred
• 1989-11-24Complaint Filed With Court
• 1995-06-28Final Order Lodged
• 1995-06-28Final Order Entered
• 1995-06-28Concluded
• 2000-10-21Enforcement Action Closed