EPA v. NEVILLE LAND COMPANY

Case summary

THIS PRE-REFERRAL NEGOTIAITON CIVIL LITIGATION REPORT CONCERNING THE OHIO RIVER PART SUPERFUND SITE HAS BEEN PREPARED IN ANTICIPATION OF NEGOTIATIONS FOR REMEDIAL DESIGN/REMEDIAL ACTON AND COST RECOVERY UNDER SECTIONS 106 AND 107 OF CERCLA. A PROPOSED REMEDIAL ACTION PLAN WAS PREPARED FOR PUBLIC COMMENT IN APRIL OF 1996. THE PUBLIC MEETING WAS HELD ON APRIL 15, 1996. THE PUBLIC COMMENT PERIOD ENDED ON MAY 1, 1996. THE RECORD OF DECISION FOR OPERABLE UNIT 1 WAS ISSUED ON SEPTEMBER 27, 1996. SPECIAL NOTICE LETTERS ARE EXPECTED TO BE ISSUED IN MARCH 1997. PRIOR TO THE 1940'S, THE PREDOMINANT LAND USE AT THE SITE AS AGRICULTURAL. BEGINNING IN THE MID-1930'S UNITL THE MID- 1950'S, A PORTON OF THE SITE WAS USED FOR MUNICIPAL LANDFILL OPERATIONS INCLUDING THE DISPOSAL OF DOMESTIC TRASH AND CONSTRUCION DEBRIS. INDUSTRIAL WASTE DISPOSAL ACTIVITIES WERE CONDUCTED AT THE SITE FROM 1952 THROUGH THE 1960'S. AVAILABLE INFORMATION INDICATES THAT PITTSBURGH COKE AND CHEMICAL COMPANY DISPOSED OF MUCH OF THE INDUSTRIAL WASTE AT THE SITE. PC&C BEGAN PRODUCION OF COKE AND PIG IRON ON THE EASTERN END OF THE ISLAND IN 1929, OPERATED A CEMENT PRO DUCTS PLANT DURING THE 1930'S AND PRODUCED COAL COKING BY-PRODUCTS DURING THE 1940'S. BETWEEN 1949 AND 1955, PC&C' S AGRICULTURAL CHEMICALS DIVISION MANUFACTURED PESTICIDES. TWO METHODS OF WASTE DISPOSAL WERE USED BY PC&C AT THE SITE: WET WASTE WERE PLACED INTO TRENCHES AND DRY WASTES WERE PIL ED ON THE SURFACE. FIFTY FOUR TRENCHES USED FOR DISPOSAL OF TAR ACID, TAR DECANTER AND OCCASIONALLY AGRICULTURAL CHEMICALWASTES HAVE BEEN IDENTIFIED. FIGURES 1-3 AND 1-4 IN THE PROPOSED PLAN SHOW THE APPROXIMATE DISPOSAL LOCATIONS OV VARIOUS WASTE AT THE SITE. PC&C OPERATIONS CEASED IN 1965-66. PC&C MERGED INTO WILMINGTON SECURITIES INC., THE PARENT CORPORATON OF THE NEVILLE LAND COMPANY. IN 1977, NEVILLE LAND COMPANY DONATED THE SITE AREA TO ALLEGHENY COURNTY. ALLEGHENY COUNTY BEGAN CONSTRUCION OF A PARK ON THE SITE IN 1977 AND COMPLETED THE CONSTRUCION IN 1979. THE PARK WAS NEVER OPENED TO THE PUBLIC, HOWEVER, AND WAS SUBSEQUENTLY DISMANTED. DURING THE COURSE OF THE WORK, APPROXIMATELY 13,000 CUBIC YARDS OF VARIOUS WASTES WERE DISCOVERED AT THE SITE. WHILE MOST OF THESE MATERIALS WERE EXCAVATED, SOME MATERIALS WERE REBURED AT THE SITE. AFTER FINDING THESE WASTE, ALLEGHENY COUNTY TRANSFERRED THE TITLE TO THE LAND BACK TO NEVILLE LAND COMPANY. A SMALL PORTION OF THE PROPERTY, WHICH HAD BEEN ACQUIRED FROM THE PITTSBURG, CHARTIERS & YOUGHIOGHENY RAILROAD COMPANY, INCLUDING THE BUCKEYE PIPELINE GAS PIPE EASEMENT, WAS NOT TRANSFERRED TO NEVILLE LAND COMPANY. BASED ON INFORMATION AND DATA COLLECTED BY ALLEGHENY COUNTY, THE NEVILLE LAND COMPANY, PADEP AND EPA FROM 1977 THROUGH 1989, EPA PROPOSED TO INCLUDE THE SITE ON THE NATIONAL PRIORITIES LIST OF SUPERFUND SITES ON OCTOBER 16,1989 AND SUBSEQUENTLY PLACED THE SITE ON THE LIST AUGUST 30,1990. IN OCTOBER OF 1991, EPA AND NEVILLE LAND COMPANY, THE OWNER OF THE SITE, ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT IN WHICH NEVILLE LAND COMPANY AGREED TO CONDUCT A REMEDIAL INVESTIGATION/ FEASIBILITY STUDY OF THE SITE WITH EPA AND STATE OVERSIGHT. THE REMEDIAL INVESTIGATION REPORT FOR THE SITE, BASED ON THE 1992 AND 1993 FIELD SAMPLING, WAS APPROVED BY EPA IN JUNE OF 1994. CONTAMINANTS FOUND AT THE SITE INCLUDE VOLATILE ORGANIC COMPOUNDS, SEMI-VOLATILE ORGANIC COMPOUNDS PESTICIDES, MANGANESE, BERYLLIUM, ARSENIC AND MERCURY. THE ECOLOGICAL RISK ASSESSMENT WAS COMPLETED IN NOVEMBER OF 1994 AND THE BASELINE HUMAN HEALTH RISK ASSESMENT WAS COMPLETED IN JANUARY OF 1995. BASE

Defendants (3)

• ALLEGHENY, COUNTY OF
• NEVILLE LAND CONamed in complaintNamed in settlement
• WILMINGTON SECURITIES INCNamed in complaintNamed in settlement

Facilities (1)

• OHIO RIVER PARK

  GRAND AVE, NEVILLE ISLAND, PA, 15225

  Registry ID: 110009258891

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• NEVILLE LAND COMPANY AND WILMINGTON SECURITIES, INentered 1997-12-31

  Primary law: CERCLA

• Neville Land Co/Wilmington Securities - Amended CDentered 2002-08-02

  Primary law: CERCLA

Timeline (6 milestones)

• 1997-01-24Enforcement Action Data Entered
• 1997-01-24PRN Sent
• 1997-09-04Referred To Dept Of Justice
• 1997-09-17Complaint Filed With Court
• 2002-05-14Final Order Lodged
• 2002-08-02Final Order Entered