EPA v. GENERAL BATTERY (OU2)

Case summary

BETWEEN 1961 & 1971 ROBERT BROWN OPERATED A FACILITY FOR BREAKING BATTERIERS AND RECOVERY OF LEAD. INITIALLY PRICE BATTERY CORPORATION WAS BROWN'S EXCLUSIVE CUSTONER. BROWN WOULD PICK UP THE BATTERIES FROM PRICE, BREAK THEM IN GROUPS, RECOVER THE LEAD PARTS, WASH & CRUSH THE CASINGS, & DISPOSE OF LIQUIDS IN THE BATTERIES & CASINGS ON SITE. BROWN WAS PAID PER BATTERY WHEN THE LEAD WAS RETURNED TO PRICE. THE CASINGS WAS USED AS FILL MATERIAL & AS A BASE FOR DRIVEWAYS ON THE PROPERTY. ROBERT BROWN DIED IN 1971, AT WHICH TIME OPERATIONS CEASED. HIS WIFE, BARBARA BROWN, INHERITED THE PROPERTY. SHE SOLD IT TO TERRY & SUSAN SHANER IN 1977. IT WAS TRANSFERRED TO TERRY SHANER INDIVIDUALLY IN 1980. THREE RESIDENCES AND A GARAGE ARE PRESENTLY LOCATED ON THE PROPERTY. DURING THE SUMMER OF 1983, IT WAS DISCOVERED THAT CHILDREN LIVING ON THE PROPERTY HAD BLOOD LEAD LEVELS IN EXCESS OF LEVELS CONSIDERED BY THE CENTER FOR DISEASE TO POSE A POTENTIAL RISK OF ADVERSE HEALTH EFFECTS. AN EXTENT ON CONTAMINATION STUDY REVEALED THAT AN ESTIMATED 24, 700 CU YRDS. OF LEAD CONTAMINATED BATTERY CASINGS WERE PRESENT AT THE FACILITY. IN THE PRIMARY DISPOSAL AREA THE SOIL CONTAINED UP TO 70% LEAD. AN IMMEDIATE REMOVAL ACTION WAS COMMENCED IN OCT, 1983 TO ELIMINATE THE THREAT OF DIRECT CONTACT TO LEAD, AN ACUTELY TOXIC SUBSTANCE, AND THE RELEASE OF LEAD INTO THE AIR AND GROUND AND SURFACE WATERS. SPECIFIC ACTIONS TAKEN INCLUDED: RELOCATION OF FAMILIES RESIDING THERE. EVCAVATION OF BATTERY CASINGS AND CONTAMINATED SOIL. FILLING SEEDING AND/OR GRAVELLING OF EXCAVATED AREAS. DECONTAMINATION OF THE RESIDENCES. A TOTAL COST OF APPROX. $1,400,000 WAS INCURRED, AND EPA IS FILING SUIT TO RECOVER SUPERFUND MONEY SPENT AT BROWN'S BATTERY.

Defendants (8)

• AMERICAN SCRAP CONamed in complaint
• DECKER BROTHERS INCNamed in complaint
• GENERAL BATTERY CORPORATIONNamed in complaint
• GLOSSER, M., & SONS, INC.Named in complaint
• HARRY TIDERMANNamed in complaint
• TERRY SHANERNamed in complaint
• LEVENE'S SONS, INC.Named in complaint
• MINKIN INDUSTRIES, INC.Named in complaint

Facilities (1)

• BROWN'S BATTERY BREAKING

  FISHER LANE RD, SHOEMAKERSVILLE, PA, 19555

  Registry ID: 110009307963

Statutes cited

• CERCLA 104A — CERCLA 104(a)
• CERCLA 107 — Superfund

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CERCLA

Timeline (6 milestones)

• 1984-09-17Enforcement Action Data Entered
• 1992-06-23PRN Sent
• 1994-09-01Referred To Dept Of Justice
• 1994-11-08Complaint Filed With Court
• 1995-01-27Concluded
• 1995-01-27Enforcement Action Closed