EPA v. SCHORSCH, NICHOLAS ET AL

Case summary

THIS CASE IS A CERCLA SECTION 107 COST RECOVERY ACTION STEMMING FROM A CLEANUP PERFORMED BY EPA AT THE COLEMAN TESTING LABORAOTY SITE, LOCATED IN A RESIDENTIAL AREA OF NORTH PHILADELPHIA, PENNSYLVANIA WITH HEAVILY DEVELOPED RESIDENTIAL AND COMMERCIAL AREAS LYING WITHIN A MILE OF THE SITE. THE SITE CONSISTED OF A THREE STORY BUILDING AND AN UNATTACHED OUTSIDE GARAGE AAT THE TIME OF A 1992 EPA REMOVAL ACTION. PRIOR TO 1991, WHEN THE BUILDING WAS OWNED BY THE COLEMAAN COMPANY/URSULA COLEMAN, THE ENTIRE BUILDING WAS USED AS A LABORATORY BUSINESS. THE W.B. COLEMAN CO OPERATED ON SITE FROM THE 1950S UNTIL 1990 (MOST RECENTLY UNDER LAB DIRECTOR ROBERT BRUMBAUGH), WHEN THE BUSINESS (BUT NOT THE PROPERTY) WAS SOLD TO A NICHOLAS SCHORSCH, WH RENAAMED THE BUSINESS W.B. COLEMAN TESTING LABORATORY, INC. (REFERRED TO HEREIN AS NJ COLEMAN). SCHORSCH OPERATED AT THE SITE LOCATION FOR ABOUT A YEAR UNTIL JULY 1991 WHEN HE MOVED THE COMPANY TO RIVERSIDE, NEW JERSEY. IN OCTOBER 1994, NJ COLEMAN ENTERED INTO AN ASSET/PURCHASE AGREEMENT WITH CORRTHERM INC FOR THE SALE OF ALL OF ITS BUSINESS AASSETS AND ITS NAME. IN NOVEMBER 1994, NJ COLEMAN BECAME NTFJ CORPORATION. EPA INITIATED THE ONSITE REMOVAL ACTION IN OCTOBER 1992 AND EPA'S ONSITE PRESENCE CONTINUED UNTIL MARCH 1993. THE LAST POLREP FOR THE SITE WAS ISSUED ON OCTOBER 8, 1993. DURING THE REMOVAL ACTION, EPA FOUND OVER 1000 CONTAINERS, DRUMS AND CYLINDERS CONTAINING OVER 100 HAZARDOUS MATERIALS INCLUDING STRONG ACIDS, BASES, CYANIDES, MERCURY COMPOUNDS, OXIDIZERS, EXPLOSIVES, RADIOACTIVE MATERIALS ANDD GAS CYLINDERS. EPA PACKED AND REMOVED 77 DRUMSS OF LAB-PACKED CHEMICALS 3 DRUMS OF MURIATIC ACID, A FIVE GALLON PAIL OF RADIOACTIVE MATERIAL, AND 4 COMPRESSED GAS CYLINDERS. THESE WASTES POSED THE POTENTIAL THREAT OF A FIRE/EXPLOSION SINCE INCOMPATIBLE SUBSTANCES (CYANIDES AND ACIDS) WERE STORED TOGETHER HAPHAZARDARLY IN A DILAPIDATED BUILDING WITH A LEAKY ROOF, CREATING THE POTENTIAL FOR THESE SUBSTANCES TO COME INTO CONTACT WITH EACH OTHER AND REACT. NEARBY RESIDENTS WERE AT RISK OF DIRECT CONTACT, INHALATION AND INGESTION OFF ANY HAZARDOUS VAPOR OR FUMES RELEASED FROM THE SITE.

Defendants (3)

• BRUMBAUGH, ROBERTNamed in complaintNamed in settlement
• NTFJ CORPNamed in complaintNamed in settlement
• SCHORSCH, NICHOLASNamed in complaintNamed in settlement

Facilities (1)

• COLEMAN TESTING LABORATORY

  3550 N NINTH ST, PHILADELPHIA, PA, 19140

  Registry ID: 110009308622

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (2)

• SCHORSCH, NICHOLAS ET AL.entered 2001-10-09

  Primary law: CERCLA

• SCHORSCH, NICHOLAS (NTFJ CORP & NICHOLAS SCHORSCHentered 2001-10-18

  Primary law: CERCLA

Timeline (5 milestones)

• 1995-08-01Enforcement Action Data Entered
• 1996-08-09Referred To Dept Of Justice
• 1997-01-31Complaint Filed With Court
• 2001-07-31Final Order Lodged
• 2001-10-18Final Order Entered