EPA v. AIR PRODUCTS/ALCAN ALUMINUM

Case summary

SITE LOCATION AND DESCRIPTION ----------------------------- THE MCADOO ASSOCIATES SITE IS AN EIGHT ACRE TRACT OF LAND LOCATED IN SCHUYKILL COUNTY IN PENNSYLVANIA. IT IS SITUATED APPROIAMATELY 1 1/2 MILES SOUTH OF MCADOO BOROUGH ON U.S. ROUTE 309 WITH ACCURATE GEOGRAPHICAL COORDINATES BE- ING 40,42',30 N LATITUDE AND 76,00'00 W LONGITITUDE. THE PROPERTY IS PRESENTLY OWNED BY READING COMPANY OF BETHLE- HEM PENNSYLVANIA. THE U.S. EPA CONDUCTED A RI/FS DURING 1983 AND 1984 AT THE SITE. THE RESULTS WERE CONTAINED IN REPORTS ENTITLED REMEDIAL INVESTIGATION, MCADOO ASSOCIATES, KLINE TOWNSHIP, SCHUYLKILL COUNTY, PENNSYLVANIA, APRIL 1984, AND FEAS- ABILITY STUDY, MCADOO ASSOCIATES, KLINE TOWNSHIP SCHUYLKILL COUNTY PENNSYLVANIA JUNE 1984. PRESENTLY, MINE SPOILS FROM PAST MINING ACTIVITY CON- STITUTE MOST OF THE SITE AND SURROUNDING AREA. APPROXIAMATLY TEN PERCENT OF THE SITE IS VEGETATED, AND SEVERAL CONCRETE FOUNDATIONS REMAIN FROM PRIOR FACILITIES ON-SITE. WOODEN PALLETS AND BOXES, SMALL TANKS AND PLASTIC PIPES REPRESENT MUCH OF THE DEBRIS SCATTERED THROUGHOUT THE SITE. IN ADDIT- ION, A 15,000 GALLON TANK REMAINS ON-SITE SECURELY PERCHED ON A LEDGE ABOUT TEN FEET ABOVE THE SURFACE OF THE SITE. THE SITE SLOPES FROM NORTH (WHERE THE TANK IS LOCATED) TO THE SOUTH.THE SITE IS UNDERLAIN BY MINED OUT COAL SEAMS WHICH COLLECTIVELY FORM THE MINE POOL. A LOCKED CHAIN LINK FENCE PRESENTLY RESTRICTS FREE ACCESS TO THE SITE ISTELF. . SITE HISTORY ------------ THE AREA WAS ONCE USED EXTENSIVELY FOR BOTH DEEP AND STRIP MINING OF ANTHRACITE COAL. MINING ACTVITIES STARTED IN 1984 AND CONTINUED PERIODICALLY UNTIL 1962. OPERATIONS AT THE SITE WERE COMMENCED BY MCADOO ASSOCIATES IN JANUARY 1975, WITH TWO ROTARY KILN FURNACES AND AVERTICAL WASTE INCINERATOR, WHICH OPERATED UNTIL 1977. THE SITE OPERATED WITH A SOLID WASTE PERMIT FROM MAY 1978 UNTIL SITE OPERATIONS WERE CLOSED IN APRIL 1979. AT THE TIME OF CLOSURE, THE SITE CONTAINED 6,790 DRUMS AND SEVERAL 15,000 GALLON AND 10,000 GALLON STORAGE TANKS OF HAZARDOUS WASTES. THE EXISTING CHAIN LINK FENCE WAS ERECTED IN EARLY 1980. IN EARLY 1981 THROUGH 1982, THE INCINERATOR BUILDINGS WERE DISASSEMBLED AND REMOVED, AND ALL THE DRUMS AND ALL BUT ONE 15,000 GALLON STORAGE TANK FACILITY WERE REMOVED. ON FEBRUARY 24, 1995, A GLOBAL SETTLEMENT IN PRINCIPLE BETWEEN THE UNITED STATES, THE COMMONWEALTH OF PENNSYLVANIA AND THE ALCAN AND THE AIR PRODUCTS PARTIES WAS REACHED PURSUANT WHICH: (1) THE ALCAN PARTIES AGREED TO PAY $170,000 TO THE COURT REGISTRY, WHICH ALL OF THE PARTIES TO THE NEW ALCAN DECREE HAVE AUTHORIZED THE COURT TO TURN OVER TO THE AIR PRODUCTS PARTIES IN COMPROMISE OF THE CLAIM OF THE AIR PRODUCTS PARTIES THAT THE AIR PRODUCTS PARTIES ARE ENTITLED TO CONTRIBUTION FOR OPERATION AND MAINTENANCE UNDER THE AIR PRODUCTS DECREE AND TOWARD THE EXPANDED GROUNDWATER MONITORING CALLED FOR BY THE 1991 OPERABLE UNIT 2 ROD THAT THE AIR PRODUCTS PARTIES HAVE AGREED TO PERFORM AS SET FORTH IN A SEPARATE CONSENT DECREE (U.S. V AIR PRODUCTS AND CHEMICALS, INC,, ET AL., CIV. A. NO 87-7325) LODGED SIMULTANEOUSLY WITH THE NEW ALCAN DECREE; (2) THE UNITED STATES AGREED THAT $1,030,000 OF THE MONIES IN THE COURT REGISTRY WOULD BE TRANSFERRED TO THE AIR PRODUCTS PARTIES IN EXCHANGE FOR WITHDRAWING THEIR PRE-AUTHORIZED CLAIM FROM THE SUPERFUND UNDER HTE AIR PRODUCTS DECREE AND RELINQUISHING THEIR RIGH TO BRING SUCH CLAIM: (3) THE REAMINDER OF THE MONIES IN THE COURT REGISTRY WOULD BE TRANSFERRED TO THE UNITED STATES; (4) THE AIR PRODUCTS

Defendants (225)

• AMP INCORPORATEDNamed in complaint
• SCHULTZ ELECTROPLATING (CD-7/25/93)Named in complaintNamed in settlement
• SIMON WRECKING (AIR-5/26/98)Named in complaintNamed in settlement
• WITCO CORP (CD-7/25/93)Named in settlement
• WITCO CORP..(AIR-5/26/98-CD)Named in settlement
• 21 INT'L HOLDINGS...(CD-7/25/93)
• ACTIVATED METALS & CHEM. (ALCAN-5/26/98)Named in complaintNamed in settlement
• ACTIVATED METALS & CHEMICAL (CD-7/25/93)Named in complaintNamed in settlement
• ACTIVATED METALS & CHEMICAL(AIR-5/26/98)Named in complaintNamed in settlement
• AIR PRODUCTS & CHEM.(AIR-5/26/98-CD)Named in complaintNamed in settlement
• AIR PRODUCTS & CHEMICAL(ALCAN-5/26/98-CDNamed in complaintNamed in settlement
• AKZO CHEMIE (AIR-5/26/98-CD)Named in complaintNamed in settlement
• AKZO CHEMIE AMERICA (ALCAN-5/26/98-CD)Named in complaintNamed in settlement
• ALCAN ALUMINUM (FILED 6/25/93)Named in settlement
• ALLIED & BENDIX CORP (AIR-5/26/98-CD)Named in complaintNamed in settlement
• ALLIED & BENDIX CORP (ALCAN-5/26/98-CD)Named in complaintNamed in settlement
• ALLIEDSIGNAL, INC.Named in complaint
• ALLSTEEL (AIR-5/26/98-CD)Named in complaintNamed in settlement
• ALLSTEEL, INC. (ALCAN-5/26/98-CD)Named in complaintNamed in settlement
• ALUMINUM CO OF AMERICA (AIR-5/26/98-CD)Named in complaintNamed in settlement
• ALUMINUM CO OF AMERICA (ALCAN-5/26/98-CDNamed in complaintNamed in settlement
• AMP INCORP (AIR-5/26/98-CD)Named in complaintNamed in settlement
• AMP INCORP. (ALCAN-5/26/98-CD)Named in complaintNamed in settlement
• ARMAK COMPANY, INC.Named in complaintNamed in settlement
• ASHLAND CHEMICAL (ALCAN-5/26/98-CD)Named in complaintNamed in settlement
• …and 200 more

Facilities (1)

• MCADOO ASSOC & E L PAYER

  RTE 304, MCADOO, PA, 18237

  Registry ID: 110007773356

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• AIR PRODUCTS MCADOOentered 1998-05-26

  Primary law: CERCLA

• ALCAN ALUMINUM MCADOOentered 1998-05-26

  Primary law: CERCLA

• ALCAN ALUMINUM (# 2 CD)entered 1993-06-24

  Primary law: CERCLA

• AIR PRODUCTS AND CHEMICAL INC.entered 1988-06-24

  Primary law: CERCLA

Timeline (6 milestones)

• 1987-06-30Enforcement Action Data Entered
• 1987-06-30Referred To Headquarters
• 1987-08-04Referred To Dept Of Justice
• 1988-06-23Complaint Filed With Court
• 1998-05-26Final Order Lodged
• 1998-05-26Final Order Entered