EPA v. AJAX/ACORN

Case summary

REFERRAL REQUESTING INITIATION OF CIVIL ACTION TO RECOVER PAST AND FUTURE RESPONSE COSTS FOR MOYER'S LANDFILL NPL SITE UNDER CERCLA, SECTION 107. NO REMOVAL ACTION TAKEN AT THIS SITE. RI/FS COMPLETED 7/85, ROD SIGNED 9/85. EPA IS IN THE PROCESS OF REMEDIAL DESIGN AND IMPLEMENTATION. ON JULY 30, 2004, THE COURT AMENDED CONSENT DECREE TO ADD A COST OVERRUN RESERVATION IN THE EVENT THAT SITE-RELATED RESPONSE COSTS EXCEED $55 MILLION. THE SETTLEMENT ALSO INCORPORATES THE REVISION TO THE LEACHATE REMEDY, AS OUTLINED IN AN EXPLANATION OF SIGNIFICANT DIFFERENCES ( ESD ). EPA DETERMINED THAT IT WAS APPROPRIATE TO FORGO CONSTRUCTION OF THE LEACHATE TREATMENT FACILITY AND TO TREAT THE LEACHATE OFF-SITE. THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION ( PADEP ) COMMITTED TO MAKE ALL MODIFICATIONS TO THE EXISTING REMEDY TO PROPERLY DESIGN AND CONSTRUCT THE LEACHATE COLLECTION AND TRANSFER SYSTEM, TO PROVIDE FULL FUNDING FOR SUCH MODIFICATIONS TO THE REMEDY, AND TO ASSUM RESPONSIBILITIES FOR THE OPERATION AND MAINTENANCE OF ALL REMEDIAL ACTIONS AT THE SITE. THE DEFENDANTS ARE REQUIRED TO PAY A TOTAL OF $600,000 TOT HE PENNSYLVANIA HAZARDOUS SITES CLEANUP FUND IN REMBURSEMENT FOR COSTS INCURRED OR TO BE INCURRED BY PADEP TO IMPLEMENT THE REV

Defendants (74)

• ALUMINUM CO OF AMERICANamed in complaintNamed in settlement
• BETHLEHEM STEEL CORPNamed in complaintNamed in settlement
• HENKEL CORPNamed in complaintNamed in settlement
• LANCASTER METALS SCIENCE CORPNamed in complaintNamed in settlement
• LUKENS STEEL CONamed in complaintNamed in settlement
• NORRISTOWN, BOROUGH OFNamed in complaintNamed in settlement
• OCCIDENTAL CHEMICAL CORPNamed in complaintNamed in settlement
• PHILADELPHIA, CITY OFNamed in complaintNamed in settlement
• STROEHMANN BAKERIES INCNamed in complaintNamed in settlement
• SUPERIOR TUBE CONamed in complaintNamed in settlement
• AJAX/ACORN MANUFACTURING, INC.Named in complaintNamed in settlement
• ALCO INDUSTRIES INCNamed in complaintNamed in settlement
• ALDERFER AND FRANKNamed in complaintNamed in settlement
• AMBLER, BOROUGH OFNamed in complaintNamed in settlement
• AMCHEMNamed in complaintNamed in settlement
• AMERICAN PACKAGING(AMERICAN BAG & PAPER)Named in complaintNamed in settlement
• ASTON, TOWNSHIP OFNamed in complaintNamed in settlement
• BEAZER EAST INC (F/K/A KOPPERS)Named in complaintNamed in settlement
• BRIDGEPORT, BOROUGH OFNamed in complaintNamed in settlement
• BRIDGESTONE/FIRESTONE INCNamed in complaintNamed in settlement
• CABOT CORPNamed in complaintNamed in settlement
• CHAMBERLAIN MFG INCNamed in complaintNamed in settlement
• CHESTER, TOWNSHIP OFNamed in complaintNamed in settlement
• CLIFTON HEIGHTS, BOROUGH OFNamed in complaintNamed in settlement
• DELAWARE, COUNTY OFNamed in complaintNamed in settlement
• …and 49 more

Facilities (1)

• MOYERS LANDFILL INC

  MOYER RD, EAGLEVILLE, PA, 19408

  Registry ID: 110009258882

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement

Enforcement conclusions (6)

• U.S. VS. AJAX/ACORN ( MOYER )entered 1997-12-09

  Primary law: CERCLA

• U.S. VS. AJAX/ACORN_(ALCO INDUSTRIES)entered 1997-10-10

  Primary law: CERCLA

• U.S. V AJAX/ACORN (CITY OF PHILADELPHIA)entered 1999-10-05

  Primary law: CERCLA

• U.S. VS. AJAX/ACORN (WM. WILSONS' SONS)entered 1997-10-10

  Primary law: CERCLA

• U.S. VS. AJAX/ACORN (AIR PRODCUTS, ET. AL)entered 1997-10-10

  Primary law: CERCLA

• U.S. V. AJAX/ACORN (PA DEPT OF CONS. & NAT. RES.,entered 1999-10-05

  Primary law: CERCLA

Timeline (7 milestones)

• 1985-09-29Enforcement Action Data Entered
• 1988-09-29Referred To Dept Of Justice
• 1988-12-21Returned To Region
• 1989-03-28Rereferred
• 1989-10-16Complaint Filed With Court
• 1999-10-05Final Order Lodged
• 1999-10-05Final Order Entered