EPA v. CONSOLIDATION COAL (SWISSVALE AUTO SURPLUS PARTS C)

Case summary

THIS PROPOSED COST RECOVERY SUIT AGAINST BEN AND FRANCES KALIK, CONSOLIDATION COAL COMPANY, DRAVO CORPORATION, DU- QUESNE LIGHT COMPANY, LURIA BROTHERS, M. HARTMAN COMPANY,AND WESTINGHOUSE CORPORATION ARISES OUT OF A REMOVAL ACTION, WHICH COMMENCED IN MAY 1984 AND ENDED IN AUGUST 1986. EPA'S TSCA INSPECTOR DISCOVERED IMPROPERLY STORED AND MARKED BAR- RELS OF PCB-CONTAMINATED OIL IN 1980. FURTHER INVESTIGATION SHOWED WIDESPREAD SOIL CONTAMINATION BY PCBS AND DIOXIN CON- TAMINATION IN THE INCINERATOR BUILDING ON-SITE. PCB CONTAM- INATION WAS ALSO DISCOVERED ON SURROUNDING PROPERTIES. ALL CONTAMINATED SOIL WAS REMOVED, AND ALL DIOXIN-COMTAMINATED MATERIAL IS STORED ON-SITE IN A FORMER GARAGE BUILDING PEN- DING A DECISION ABOUT PERMANENT STORAGE OR TREATMENT OF DIO- XIN WASTES. TOTAL RESPONSE COSTS ARE ABOUT $2.7 MILLION. A 1980 TSCA INSPECTION REVEALED IMPROPERLY STORED AND MARKED BARRELS OF PCB-CONTAMINATED OIL, FOR WHICH THE SITE OPERATOR, BEN KALIK, WAS CITED AND FINED. UPON FURTHER IN- VESTIGATION, EPA DISCOVERED HIGH LEVELS OF PCB AND DIOXIN CONTAMINATION ON-SITE, AND THE FACILTIY WAS REFERRED BY THE TOXICS AND PESTICIDES BRANCH TO THE HAZARDOUS WASTE BRANCH TO CONSIDER A REMOVAL OPERATION. THE REMOVAL STARTED IN MAY 1984, AND ENDED IN AUGUST 1986 WITH THE SUCCESSFUL RE- MOVAL OF ALL CONTAMINATED SOIL, AND THE CONTAINMENT OF ALL DIOXIN WASTES IN A BUILDING ON-SITE. DEMAND LETTERS WERE SENT ON FEBRUARY 1, 1989 TO THE ABOVE LISTED PARTIES TO ALERT THEM OF THEIR POTENTIAL LI- ABILITIES. AT EACH PHASE OF THE REMOVAL OPERATION, THE ON- SCENE COORDINATOR CONTACTED A LARGE NUMBER OF POTENTIALLY RE SPONSIBLE PARTIES, MANY OF WHICH ARE NOT AMONG THE DEFENDANT TO AFFORD THEM THE OPPORTUNITY TO UNDERTAKE THE WORK TO BE PERFORMED. ON EACH OCCASION, HOWEVER, NO PRP UNDERTOOK ANY WORK.

Defendants (4)

• CONSOLIDATION COAL COMPANYNamed in complaintNamed in settlement
• DRAVO CORPORATION (1ST DEFENDANT)Named in complaintNamed in settlement
• LURIANamed in complaintNamed in settlement
• WESTINGHOUSE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• SWISSVALE AUTO SURPLUS PARTS

  2517 VERNON, SWISSVALE, PA, 15218

  Registry ID: 110009307730

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• CONSOLIDATION COAL, ETentered 1996-06-28

  Primary law: CERCLA

Timeline (7 milestones)

• 1988-07-08Enforcement Action Data Entered
• 1989-03-31Referred To Dept Of Justice
• 1989-10-19Complaint Filed With Court
• 1996-06-28Final Order Lodged
• 1996-06-28Final Order Entered
• 1996-06-28Concluded
• 2001-05-23Enforcement Action Closed