EPA v. INTERNATIONAL FASTENERS

Case summary

THIS IS A REFERRAL ( LITIGATION REPORT ) UNDER SECTION 107(A) OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (CERCLA), AS AMENDED 42 U.S.C. SECTION 9607(A). THE CLAIM IS FOR RECOVERY OF APPROXIMATELY $1,864,097.67 FROM RESPONSIBLE PARTIES OF MONIES SPENT BY EPA DURING A REMOVAL ACTION AT THE BOLLINGER STEEL SITE. IT INCLUDES A COUNT FOR A DECLARATORY JUDGMENT OF FURTHER LIABILITY UNDER SECTION 113(G)(2) OF CERCLA, 42 U.S.C. SECTION 9613(G)(2) AND THE DECLARATORY JUDGMENT ACT, 28 U.S.C. SECTION 2201. THE BOLLINGER STEEL REMOVAL SITE ( THE SITE ), IS A STEEL FABRICATION AND MANUFACTURING FACILITY LOCATED AT 425 ELEVENTH STREET, BETWEEN DUSS AND MELROSE AVENUES IN AMBRIDGE, PENNSYLVANIA. THE SITE CONSISTED OF TWO (2) IRREGULARLY SHAPED PARCELS OF LAND WITH A TOTAL AREA OF 2.7 ACRES. THE LARGER PARCEL, ABOUT 1.8 ACRES IN SIZE, IS RECTANGULAR IN SHAPE AND IS LOCATED ON THE NORTH SIDE OF 11TH STREET. THIS PARCEL, SOMETIMES KNOWN AS THE NORTHERN PARCEL, CONTAINED EIGHT (8) ABOVE GROUND STORAGE TANKS, 10 PICKLING VATS AND A 90,000 SQUARE FOOT INDUSTRIAL BUILDING, WHICH WAS SUBDIVIDED INTO MANY DIFFERENT INDUSTRIAL AREAS, EACH WITH A DISTINCT BUILDING NUMBER, INCLUDING A DRUM STORAGE AREA. THE SECOND PARCEL, ABOUT .9 ACRES, IS TRIANGULAR IN SHAPE IS LOCATED ON THE SOUTH SIDE OF 11TH STREET. IT IS KNOWN AS THE SOUTHERN PARCEL. AT THE TIME OF THE REMOVAL ACTIONS, THIS SMALLER PARCEL CONTAINED THREE (3) SMALL BRICK STRUCTURES AND ONE (1) PARTIALLY UNDERGROUND BRICK STRUCTURE HOYSING THREE (3) STORAGE TANKS. ADDITIONALLY THIS SOUTHERN PARCEL HAD 6 UNDERGROUND STORAGE TANKS. AT THE PRESENT TIME, ONLY ONE (1) BRICK STRUCTURE REMAINS, WHICH IS CURRENTLY BEING LEASED. EPA INITIATED THE REMOVAL ACTION ON SITE IN APRIL 1990 AND ITS ON SITE PRESENCE CONTINUED UNTIL JUNE 1991. ECONOMY INDUSTRIAL PROPERTIE (EIP), A PARTNERSHIP CONSISTING OF THOMAS A. ALLEN AND MORTON J. GREENE, WAS THE OWNER OF THE SITE DURING THE REMOVAL ACTION. EIP DECLINED TO CONDUCT THE REMOVAL ACTION BUT GAVE EPA ORAL PERMISSION FOR ACCESS TO THE SITE. DURING HE REMOVAL ACTION, EPA FOUND UNDERGROUND STORAGE TANKS, ABOVE GROUND TANKS, DRUMS AND VATS, AND INDUSTRIAL AREAS FILLED WITH CONTAMINANTS INCLUDING 52.6 TONS AND 95 CUBIC YARDS (CU. YDS.) OF CYANIDE/SLUDGE, 17 DRUMS AND 57 TONS AND 15 CU. YDS. OF LIQUID AND SLUDGE WASTE WITH METAL CONTENTS, 45 DRUMS AND 15 CU. YDS. AND 2800 GALLONS OF VOLATILE SOLVENTS, 171 DRUMS OF PAINT SLUDGE, 300 CU. YDS. AND 1 DRUM OF PAINT, 200,000 GALLONS OF WASTEWATER, 78 DRUMS OF CALCIUM CARBIDE, A LARGE VOLUME OF ASBESTOS SHINGLES, AND OTHER WASTES. THESE WASTES POSED THE POTENTIAL THREAT OF A FIRE/EXPLOSION, ESPECIALLY WITH CALCIUM CARBIDE AND CORROSIVE WASTES STORED IN A STRUCTUALLY UNSOUND BUILDING. CALCIUM CARBIDE, WHEN MIXED WITH WATER, BECOMES FLAMMABLE AND PRODUCES ACETYLENE AND CALCIUM HYDROXIDE, WHICH RELEASES HEAT WHICH CAN CAUSE AN EXPLOSION. THE SITE INITIALLY RECEIVED A SCORE OF 50 ON THE HAZARD RANKING SYSTEM ( HRS ) ON JANUARY 28, 1992. THIS HIGH SCORE REFLECTED THE POTENTIAL FOR GROUNDWATER CONTAMINATION FROM SOILS ON THE SITE. BASED ON THE FINDINGS OF A PRELIMINARY ASSESSMENT REPORT (1/31/92) AND A SCREENING SITE INVESTIGATION REPORT (1/29/93), WHICH WAS APPROVED BY EPA ON MARCH 5, 1993, THE HRS SCORE WAS REDUCED FROM 50 TO 1.98. THIS LOWER SCORE REFLECTS THE LIMITED DETECTION OF SOIL CONTAMINATION, DUE PARTIALLY TO THE HIGH BACKGROUND CONCENTRATION, AND ALSO TOT HE MINIMAL CONTAMINATION FOUND IN WATER SAMPLES TAKEN. WITH SUCH A LOW SCORE IT IS NOT ANTICIPATED THAT THE SITE WILL

Defendants (32)

• MILLER MARITAL TRUST (RICHARD MILLER...)Named in complaintNamed in settlement
• MILLER TESTAMENTARY TRUST (RICHD. MILLERNamed in complaintNamed in settlement
• MILLER, LEONARD, CO-TRUSTEENamed in complaintNamed in settlement
• MILLER, RICHARD MARITAL TRUSTNamed in complaintNamed in settlement
• MILLER, RICHARD, ESTATE OFNamed in complaint
• KLEEMAN, E. STANLEY AS CO-TRUSTEENamed in complaintNamed in settlement
• KLEEMAN, SYLVIA,CO-TRUSTEE OF KLEEMAN TRNamed in complaintNamed in settlement
• L.A. MARTNamed in complaintNamed in settlement
• MATSON MANUFACTURING CONamed in complaintNamed in settlement
• WKM LIQUIDATING PARTNERSHIPNamed in complaint
• WKM REALTYNamed in complaintNamed in settlement
• ALLEN, CAROL M.
• ALLEN, THOMAS, R. JR.
• DAVID AND SYLVIA WEISZ FAMILY FOUNDATIONNamed in complaintNamed in settlement
• DAVID WEISZ, THE ESTATE OFNamed in complaintNamed in settlement
• ECONOMY INDUSTRIAL CORP
• ECONOMY INDUSTRIAL CORPORATION
• GREENE, ANNE S.
• GREENE, MORTON, J.
• GRODIN, JAY, CO-TRUSTEE AND MANAGERNamed in complaintNamed in settlement
• IMA, LESLIE, CO-TRUSTEENamed in complaintNamed in settlement
• INTERNATIONAL FASTENER RESEARCH CORPNamed in complaintNamed in settlement
• PORTER, H.K.
• STANLEY KLEEMAN INCNamed in complaintNamed in settlement
• WEISZ MARITAL TRUST (DAVID WEISZ...)Named in complaintNamed in settlement
• …and 7 more

Facilities (1)

• BOLLINGER STEEL PLANT

  11TH AND DUSS AVE., AMBRIDGE, PA, 15003

  Registry ID: 110009260094

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 113G2 — Superfund

Enforcement conclusions (1)

• U.S. VS. INTERNATIONAL FASTENER RESEARCH CORP.entered 1997-10-21

  Primary law: CERCLA

Timeline (7 milestones)

• 1995-11-14Enforcement Action Data Entered
• 1996-01-08Referred To Dept Of Justice
• 1997-01-27Complaint Filed With Court
• 1997-10-21Final Order Lodged
• 1997-10-21Final Order Entered
• 1998-04-16Concluded
• 1998-04-16Enforcement Action Closed