EPA v. AIR PRODUCTS

Case summary

THE NOVAK SANITRAY LANDILL SUPERFUND SITE (NSL) IS LOCATED IN SOUTH WHITEHALL TOWNSHIP, LEHIGH COUNTY, PENNSYLVANIA, NORTHWEST OF ALLENTOWN, PENNSYLVANIA. THE LANDFILL IS APPROXIMATELY 65 ACRES IN SIZE. THE LANDFILL OPERATED FROM THE MID-1950'S UNTIL THE MID-1980'S AND RECEIVED WASTE FROM MUNICIPAL, COMMERCIAL AND INDUSTRIAL SOURCES. AFTER THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES (PADER) ISSUED AN ORDER TO THE NSL TO CEASE ALL SOLID WASTE DISPOSAL ACTIVITIES IN DECEMBER OF 1984, AN EPA CONTRACTOR CONDUCTED A SITE INSPECTION IN JUNE OF 1985 AND CALCULATED A HAZARD RANKING SYSTEM (HRS) SCORE OF 42.34 FOR THE SITE, PRIMARILY BASED ON THE POTENTIAL FOR HUMAN EXPOSURE TO HAZARDOUS SUBSTANCES VIA THE GROUND WATER. THE NSL WAS PROPOSED BY EPA FOR INCLUSION ON THE NATIONAL PRIORITIES LIST (NPL) ON JANUARY 22, 1987, AND LISTED ON THE NPL ON OCTOBER 4, 1989. ON DECEMBER 31, 1988, EPA SIGNED AN ADMINISTRATIVE ORDER ON CONSENT WITH 16 POTENTIALLY RESPONSIBLE PARTIES (PRPS) TO DO THE REMEDIAL INVESTIGATION/FEASIBILITY STUDY(RI/FS). THE FINAL RI/FS REPORT WAS SUBMITTED TO EPA ON JANUARY 28, 1993. THE PRIMARY CONTAMINANTS OF CONCERN AT THE SITE ARE VOLATILE ORGANIC CHEMICALS (VOC'S) AND SEMI-VOCS IN THE GROUNDWATER.THE PROPOSED PLAN WAS ISSUED ON MAY 26, 1993, AND A PUBLIC MEETING AND A 30-DAY COMMENT PERIOD WERE HELD. EPA ISSUED THE RECORD OF DECISION (ROD) ON SEPTEMBER 30, 1993. THE REMEDY CHOSEN FOR THE SITE INCLUDES LEACHATE PUMPING AND DISPOSAL CONTAINMENT OF LANDFILL CONTENTS THROUGH CAPPING OF THE LANDFILL AND REVEGATATION, LANDFILL GAS VENTING (AND POTENTIALLY GAS TREATMENT), SURFACE WATER CONTROLS, AND THE ERECTION OF A PERIMETER FENCE AND THE ESTABLISHMENT OF DEED RESTRICTIONS. EPA IS FORWARDING THIS PRE-REFERRAL NEGOTIATION LITIGATION REPORT (PRN) FOR AN ACTION UNDER SECTIONS 106 AND 107 OF CERCLA FOR THE NSL AGAINST 48 POTENTIALLY RESPONSIBLE PARTIES, INCLUDING THE CURRENT OWNERS/OPERATORS, ARRANGERS FOR DISPOSAL AND ONE TRANSPORTER. (IF ANY ADDITIONAL PARTIES ARE IDENTIFIED, THE PRN WILL BE SUPPLEMENTED LATER.) THE PROPOSED SETTLEMENT IS FOR PERFORMANCE OF REMEDIAL DESIGN/REMEDIAL ACTION (RD/RA) AT THE NSL, AND PAYMENT OF THE UNITED STATES' PAST AND FUTURE RESPONSE COSTS RELATED TO THE SITE. SOME OF THE 48 IDENTIFIED PARTIES REFERENCED ABOVE MAY BE APPROPRIATE FOR A DE MINIMIS SETTLEMENT IN THIS CASE. THE REGION IS CURRENTLY COMPLETING ITS EVALUATION OF POSSIBLE PARTIES ELIGIBLE FOR DE MINIMIS TREATMENT UNDER THE CURRENT GUIDANCE. ADDITIONALLY, ENTITIES NOT NAMED IN THIS REFERRAL MAY BE INTERESTED IN DE MICROMIS SETTLEMENTS IN THIS CASE. COST RECOVERY REFERRAL AGAINST FOURTY-FOUR POTENTIAL DEFENDANTS. REGION RECOMMENDS GETTING AGREEMENTS FROM ALL BUT TEN. CASE IS FOR APPROXIMATELY $990,000.

Defendants (56)

• AMERICAN NICKELOID CONamed in complaint
• EXIDE CORP
• GENERAL ELECTRIC CONamed in complaintNamed in settlement
• MACK TRUCKS INCNamed in complaintNamed in settlement
• GENERAL MACHINE CORPNamed in complaintNamed in settlement
• GUARDIAN INDUSTRIES CORP
• HOUGHTON INTERNATIONAL F/K/A E.F. HOUGHTNamed in complaintNamed in settlement
• HOWMET CORP, CERAMET DIVISION
• HYDAKU INC
• INGERSOLL-RAND CONamed in complaintNamed in settlement
• INTERNATIONAL MULTIFOODS CORP
• LEHIGH COUNTY VOCATIONAL TECH SCHOOL
• BETHLEHEM FURNITURE MANUFACTURING CORP
• BLACK AND DECKER (US) INC
• BOISE CASCADE CORPNamed in complaintNamed in settlement
• BP AMERICA INC
• COOK PAINT AND VARNISH CO
• CURRAN PAINT
• DAY-TIMERS INC F/K/A DORNEY PRINTINGNamed in complaintNamed in settlement
• DORR-OLIVER INC
• 21 INTERNATIONAL HOLDINGS INC
• ACOUSTICAL SPRAY INSULATORS INC
• AIR PRODUCTS AND CHEMICALS INCNamed in complaint
• ALLEN ORGAN CO
• ALLENTOWN HOSPITAL
• …and 31 more

Facilities (1)

• NOVAK LANDFILL

  RD#1 S WHITEHALL, ALLENTOWN, PA, 18105

  Registry ID: 110007767559

Statutes cited

• CERCLA 122G — Administrative De Minimis Settlement
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• ALLENTOWN HOSPITALentered 1998-12-30

  Primary law: CERCLA

Timeline (6 milestones)

• 1993-12-17Enforcement Action Data Entered
• 1993-12-17PRN Sent
• 1996-07-30Referred To Dept Of Justice
• 1997-01-30Complaint Filed With Court
• 1998-12-30Final Order Entered
• 1998-12-30Final Order Lodged