EPA v. KESSLER COALS, INC, IN RE

Case summary

THIS IS A PROPOSED ACTION TO FILE A PROOF OF CLAIM FOR COSTS EXPENDED IN A SUPERFUND REMOVAL ACTION PURSUANT TO SECTION 104 OF CERCLA. IN MARCH 1988, EPA CONDUCTED A REMOV- AL ACTION AT THE EDWARDS ROAD SITE IN KANAWHA COUNTY, WEST VIRGINIA. LYONS TRUCKING COMPANY, HIRED BY KESSLER COALS, HAD SPRAYED A ROADWAY LOCATED AT THE SITE WITH A SUBSTANCE CONTAINING COAL TAR, WHICH CONTAINS VARIOUS HAZARDOUS SUB- STANCES. THE CONTAMINATED SOIL WAS PLACED IN SEVERAL DRUMS WHICH WERE THEN STAGED FOR DISPOSAL BY EPA. A DEMAND LETTER FOR COSTS, WHICH TOTALED $15,172.34 WAS SENT TO KESSLER COALS, INC. AS WELL AS TO THE OWNER OF THE PROPERTY AND TO LYONS TRUCKING COMPANY. KESSLER COALS, INC. REPLIED BY SAYING THAT THE COMPANY FILED FOR BANKRUPTCY ON AUGUST 1, 1988. THE EDWARDS ROAD SITE IS LOCATED IN COALBURG, CHELYAN, WEST VIRGINIA.

Defendants (1)

• KESSLER COALS, INC.Named in complaint

Facilities (1)

• EDWARDS ROAD SPILL SITE

  EDWARDS RD, COALBURG, WV, 25035

  Registry ID: 110010607922

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (5 milestones)

• 1988-08-01Enforcement Action Data Entered
• 1988-12-06Referred To Dept Of Justice
• 1988-12-07Complaint Filed With Court
• 1989-08-18Concluded
• 1993-07-31Enforcement Action Closed