EPA v. BERKS ASSOCIATES, ET. AL.

Case summary

THIS CASE INVOLVES A COST RECOVERY ACTION UNDER CERCLA SECTION 107 AGAINST SEVERAL PRP'S ASSOCIATED WITH THE DOUG- LASSVILLE DISPOSAL SUPERFUND SITE IN BERKS COUNTY, PA. THE SITE WAS A FORMER OIL AND SOLVENT RECLAMATION FACILITY WHICH OPERATED FOR APPROXIMATELY 40 YEARS (1938-85). EPA DISCOVERED EXTENSIVE SOIL AND GROUNDWATER CONTAMINA- TION AT THE SITE. THUS, THE SITE WAS PLACED ON THE NPL IN 1983 (#103). OVER 150 PRP'S HAVE SINCE BEEN IDENTIFIED AS CONTRIBUTING TO THE CONTAMINATION. LEAD, PCB'S AND PAH'S ARE THE PRINCIPAL HAZARDOUS SUBSTANCES OF CONCERN. THE CLEAN-UP INVOLVES TWO OPERABLE UNITS (TANK FARM DIS- MANTLEMENT AND SOIL REMEDIATION) AND THE ESTIMATED COST IS 65 MILLION. EPA HAS SPENT 5 MILLION, AND SEEKS A DECLARTORY JUDGEMENT FOR THE FUTURE COSTS. EPA IS CURRENTLY CONDUCTING THE 1ST OPERABLE UNIT RA.

Defendants (672)

• PENSKE TRUCK LEASINGNamed in complaintNamed in settlement
• ASPLUNDH TREE EXPERT CONamed in complaintNamed in settlement
• ALUMINUM CO OF AMERICANamed in complaint
• TOWN FORDNamed in complaint
• TOWN MOTORS OF EXTON, INC.Named in complaintNamed in settlement
• TOWNSEND CHEVROLETNamed in complaintNamed in settlement
• TOWSON CABNamed in complaint
• TOWSON DODGENamed in complaint
• TOWSON FORDNamed in complaint
• TOWSON MERCURYNamed in complaint
• CHEVRON ENVIRONMENTAL MANAGEMENT GROUPNamed in complaintNamed in settlement
• CHOPTANK ELECTRIC COOPERATIVENamed in complaint
• CHRYSLER CORPORATIONNamed in complaintNamed in settlement
• CIMINO, ALBERTNamed in complaint
• CITY CHEVROLETNamed in complaint
• CITY OIL CONamed in complaintNamed in settlement
• CITY WASTE OIL SERVICENamed in complaintNamed in settlement
• CLARK TRANSPORTATIONNamed in complaint
• COCA COLANamed in complaint
• COLONIAL EXXON SERVICE CENTERNamed in complaint
• COLUMBIA EXXON CAR CARE CENTERNamed in complaint
• CONCORD CHEMICALNamed in complaintNamed in settlement
• CONGOLEUM CORPORATIONNamed in complaintNamed in settlement
• CONNECTICUT WASTE OIL, INC.Named in complaintNamed in settlement
• CONSOLIDATED FREIGHTWAYS, INC.Named in complaint
• …and 647 more

Facilities (1)

• DOUGLASSVILLE DISPOSAL

  RTE 724, DOUGLASSVILLE, PA, 19518

  Registry ID: 110007755385

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• BERKS ASSOCIATES,ET AL.,AMERICAN PREMIERE UNDERWRIentered 2001-03-28

  Primary law: CERCLA

• BERKS ASSOCIATESentered 1999-07-08

  Primary law: CERCLA

Timeline (5 milestones)

• 1990-09-28Enforcement Action Data Entered
• 1990-11-13Referred To Dept Of Justice
• 1991-07-31Complaint Filed With Court
• 2001-01-20Final Order Lodged
• 2001-03-28Final Order Entered